1. Compulsory execution against the Defendant’s Plaintiff based on the Busan District Court Decision 2017Na46172 Decided June 27, 2018 is enforced.

1. Facts of recognition;

A. On April 5, 2017, the Defendant filed a lawsuit claiming the purchase price of goods against the Plaintiff by this Court Decision 2015Da212475, and was sentenced to a favorable judgment accepting the Defendant’s claim in full.

B. Based on the above judgment of the first instance court where a sentence of provisional execution was attached, the Defendant applied for a compulsory auction of real estate for the 15th floor F of the building in Busan Shipping Daegu and 2 lots owned by the Plaintiff, and the site ownership thereof, and received a decision to commence compulsory auction on April 28, 2017.

C. The Plaintiff filed an appeal in the above judgment of the first instance, and the appellate court (Seoul District Court 2017Na46172) rendered a judgment on June 27, 2018 that “the Plaintiff shall pay to the Defendant 4,728,51 won and the interest rate of 6% per annum from September 1, 2016 to June 27, 2018, and 15% per annum from the next day to the date of full payment,” and the Defendant’s appeal was dismissed on October 25, 2018, and the said judgment of the appellate court became final and conclusive.

(hereinafter “instant final judgment”) d.

On November 9, 2018, the Plaintiff deposited KRW 5,507,790, based on the appellate court’s judgment, with the Busan District Court’s Seo- Branch Branch Branch Deposit (hereinafter “instant deposit”) No. 1666 in 2018.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 5 evidence (including paper numbers), the purport of the whole pleadings

2. Determination

A. The Plaintiff filed the instant lawsuit seeking the denial of compulsory execution based on the final judgment of the instant case on the ground that the Plaintiff’s obligation against the Defendant was fully extinguished due to the instant deposit.

On March 6, 2019, the defendant asserts that there is no benefit to file the lawsuit in this case since he withdrawn the application for compulsory auction.

On the other hand, a lawsuit of demurrer is a lawsuit of formation under the substantive law that seeks the exclusion of enforcement power of executive titles based on the grounds of substantive law concerning the claim, and the enforcement power of executive titles is extinguished.