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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. We examine the legitimacy of the instant lawsuit ex officio on the lawfulness of the instant lawsuit.
A. In a case where the debtor raises an objection against the distribution schedule prepared in the distribution procedure of the relevant legal doctrine, the creditor himself/herself, who has an executory exemplification of the executory title, that is, the debtor who has raised an objection as to the existence of a claim or the scope of the claim, shall exclude the executory power of the executory power of the claim. Therefore, a lawsuit of demurrer
(Article 154(2) of the Civil Execution Act. A judgment with a declaration of provisional execution may not file a lawsuit of demurrer against a claim unless the judgment becomes final and conclusive (Article 44(1) of the Civil Execution Act). However, an obligor may, by appeal, exclude the executory power of the judgment by disputing the existence or scope of the claim, and may receive a decision to suspend execution. Thus, a lawsuit of demurrer against a judgment with a declaration of provisional execution cannot be filed, on the ground that an obligor cannot bring a lawsuit of demurrer against a creditor who has an authentic copy of the judgment, in order to challenge the existence
B. Determination 1) The following facts are acknowledged in light of the following: (a) there is no dispute between the parties; (b) Gap evidence Nos. 1, 2, and 2-1, 3-2, and Eul evidence Nos. 1 through 3; and (c) the purport of the entire pleadings. ① The plaintiff is the case of voluntary auction of real estate D's real estate (hereinafter "the auction procedure of this case").
(2) The Defendant filed a lawsuit against the Plaintiff for the claim for the payment of remuneration under the delegation contract with the Seoul Central District Court 2016da6138329, the Seoul Central District Court (12,169,000 won). On November 23, 2016, the above court ordered the Plaintiff to pay to the Defendant 12,169,000 won and damages for delay calculated at the rate of 15% per annum from September 9, 2016 to the date of full payment, and the judgment allowing provisional execution of the whole amount (hereinafter “the instant judgment”).