1. The Defendant’s decision on performance recommendation is based on the Seoul Central District Court Decision 2008Gaso14307 dated July 2, 2008.

1. Judgment on the plaintiff's claim

A. According to the statement in Gap 1-1 and 2, the defendant filed a claim for the purchase price against the defendant on May 28, 2008 as Seoul Central District Court 2008Gada144307, and on July 2, 2008, the defendant received a decision of performance recommendation (hereinafter "decision of performance recommendation in this case") with the purport that "the plaintiff shall pay to the defendant 6,565,905 won and delay damages therefor" and the above decision of performance recommendation becomes final and conclusive on July 19, 2008.

B. According to the above facts of recognition, a claim based on the decision on performance recommendation of the instant case (hereinafter “instant claim”) has expired on July 19, 2018 after the lapse of the extinctive prescription on July 19, 2018, which was ten years from July 19, 2008, and thus, a compulsory execution based on the Defendant’s decision on performance recommendation cannot be allowed against the Plaintiff.

2. Judgment on the defendant's assertion

A. The defendant, around August 28, 2008, as the executive title of the decision on performance recommendation of this case, filed an application for the specification of the property against the plaintiff under Suwon District Court No. 2008Kao6388 (hereinafter "application for the specification of the property of this case").

(2) On October 6, 2018, upon receipt of a decision on October 30, 2008, that “the Plaintiff was entitled to the sale of the property list specifying the status of the property.” On July 27, 2018, the Defendant applied for the execution order of the instant performance recommendation as the execution right, and issued a seizure and collection order of the Plaintiff’s claim against the Plaintiff’s D Bank and E Bank as the third party obligor, and received the seizure and collection order of the Plaintiff’s deposit claim on August 6, 2018. The above collection order was served on the Plaintiff on November 21, 2018. On March 8, 2019, the Defendant received the execution order of the instant performance recommendation order as the execution right of the Suwon District Court as the execution right of the F Bank and G Bank as the claim No. 2019,10499, and the Plaintiff’s claim against the Plaintiff and the obligor as the above collection order were served on March 13, 2019.

(c).