1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Around June 29, 2000, the Defendant filed a lawsuit against the Plaintiff for the payment of the lease deposit claim amounting to KRW 18,000,000 against the Plaintiff (hereinafter “instant claim”) with the Daegu District Court Branch Branch Branch of 2000 Ghana35711, and the Defendant was sentenced to the Defendant’s winning judgment on October 10, 200, and became final and conclusive.

On December 2008, the Plaintiff was exempted from liability and filed a petition for bankruptcy with Daegu District Court No. 8991 and No. 2008Hadan891.

In order to extend the extinctive prescription of the above judgment, the Defendant filed a lawsuit against the Plaintiff on February 19, 2009 for the purpose of seeking the payment of the instant claim with the Daegu District Court Branch Branch Branch Branch Office 2009Gaso8491, and the above court made the decision on March 13, 2009 that “the Plaintiff shall pay to the Defendant KRW 18,00,000,000 and delay damages therefor,” and the said decision on performance recommendation was delivered to the Plaintiff on September 2, 2009 and finalized on September 17, 2009.

In the above exemption case, the Plaintiff was granted immunity on June 8, 2009, and on June 23, 2009, the decision became final and conclusive. At the time of the above bankruptcy and application for immunity, the Plaintiff omitted the entry of the claim in this case in the list of creditors at the time of application for immunity.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The plaintiff asserted that the plaintiff's claim in this case was not recorded in the creditor list because he was unaware of the existence of the claim in this case for a long time at the time of bankruptcy and application for immunity, and did not state it in bad faith. Thus, compulsory execution based on the decision of execution recommendation in this case should be dismissed.

3. The following circumstances are acknowledged by comprehensively taking account of the following facts: the defendant was a police officer; the plaintiff's birth was living in the second floor of the house in which the defendant resided under a lease agreement; the defendant prepared a loan certificate for the claim of this case on June 15, 1996; the defendant and the defendant's wife are the defendant and the defendant's wife.