1. The plaintiff's claim is dismissed.

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

1. The Defendant filed a lawsuit against the Plaintiff on the claim for construction price under this Court’s 2013 Ghana42162.

On March 18, 2014, the above case was closed and the entire defendant was sentenced to winning on the day, and the above judgment became final and conclusive on April 9, 2014.

(hereinafter referred to as “the final and conclusive judgment of this case”). [Grounds for recognition] The fact that there is no dispute, each entry of Eul Nos. 1 through 3 (including paper numbers), and the purport of the whole pleadings.

2. The Plaintiff asserts that compulsory execution based on the final judgment of this case may not be permitted, on the ground that the Defendant’s claim for construction cost, due to the final judgment of this case, had been completed on November 14, 2007 and February 27, 2008 at the time the construction was completed, and the period of five to six years had already elapsed at the time of the filing of the lawsuit, and that compulsory execution based on the final judgment of this case has expired due to the lapse of the three-year statute of limitations.

However, in a case where an executive title, which is the object of an objection in a claim objection lawsuit, is a final and conclusive judgment, the reasons must arise after the closure of pleadings in the relevant lawsuit, and even if an obligor was unaware of such circumstances without fault and was unable to assert it before the closure of pleadings, the circumstance arising earlier cannot be considered as the ground for objection objection (see, e.g., Supreme Court Decision 2005Da12728, May 27, 2005). The ground for the completion of extinctive prescription asserted by the Plaintiff is obvious that the Plaintiff’s assertion itself is the ground arising before the closure of pleadings in the instant case, and therefore, the enforcement based on the final and conclusive judgment of this case should not be denied on this ground without further examining the Plaintiff’s assertion.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.