1. The Defendant’s compulsory execution against the Plaintiff was made based on the payment order issued by the Daegu District Court of Law No. 2018 tea38.

1. Facts of recognition;

A. On January 3, 2018, the Defendant received a certificate of acceptance from the Defendant that the Defendant, who was the president of the C Mountain Association 2017, received KRW 8,479,00 (hereinafter “instant membership fee”) from the Plaintiff, and received KRW 8,479,00,00, a total assets of the C Mountain Association remaining after being used by the C Mountain Association in 2017, from D, the president of the C Mountain Association in 2018.

B. The Defendant’s payment order of unjust enrichment (hereinafter “instant payment order”) seeking return of unjust enrichment based on the premise that the Plaintiff had mistakenly paid the instant membership fee against the Plaintiff.

A) The instant payment order was filed and the instant order became final and conclusive around that time. [The fact that there was no dispute over the grounds for recognition, entry of evidence Nos. 3 and 5, and the purport of the entire pleadings.]

2. The assertion and judgment

A. The Plaintiff’s assertion that the Defendant received the instant membership fees from the Defendant is not D but the Defendant is not a member of the C Mountain Conference, and thus, the Defendant cannot claim the refund of the instant membership fees.

B. In the case of a final and conclusive payment order, the grounds for failure or invalidation that occurred prior to the issuance of the payment order can be asserted in the lawsuit of objection against the payment order with respect to the claim that was the cause of the claim for the payment order, and the burden of proof as to the grounds of objection in the lawsuit of objection shall also be in accordance with the principle of burden of proof distribution in the general civil procedure.

Therefore, in a lawsuit of demurrer against a claim for a final and conclusive payment order, where the plaintiff claims that the defendant's claim had not been constituted, the defendant is liable to prove the cause of the claim, and where the plaintiff claims facts that fall under the disability or cause of extinction of the right, such as the invalidity or extinguishment of the claim as a false declaration of prior agreement

(See Supreme Court Decision 2010Da12852 Decided June 24, 2010). A. In the above facts of recognition, the above facts of recognition are as follows.