1. The plaintiff's claim is dismissed.

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

1. The Plaintiff’s assertion on September 8, 1999 entered into a guarantee insurance contract with Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”) with respect to the installment payment obligation for automobiles, and failed to perform the said installment payment obligation.

On July 31, 2001, the Plaintiff revoked the resident registration ex officio. On May 13, 2005, the Seoul Guarantee Insurance transferred its claim against the Plaintiff to the Defendant. On June 21, 2011, the Defendant filed a lawsuit against the Plaintiff for the claim for the amount of money transferred to the Busan District Court No. 2011 Ghana 191745, and received the judgment in favor of the Plaintiff by public notice.

The above judgment was finalized as it is.

However, the Plaintiff did not receive the notification of the transfer of the Seoul Guarantee Insurance, and the guarantee period of the Seoul Guarantee Insurance was until September 8, 2002, and the Defendant had already completed the five-year commercial extinctive prescription period before filing the claim for the transfer deposit, which became extinct, so compulsory execution based on the above final judgment should be denied.

2. In a case where an executive title subject to an objection is a final and conclusive judgment in a lawsuit seeking objection, the reason should arise after the closure of pleadings in the said lawsuit, and even if an obligor was unaware of such circumstance and was unable to assert it before the closure of pleadings, the circumstance that occurred earlier cannot be deemed as the ground for objection, even if the obligor was unaware of such circumstance and was unable to assert it before the closure

(See Supreme Court Decision 2005Da12728 Decided May 27, 2005, etc.). The Plaintiff’s assertion based on the grounds of objection cannot be deemed a ground for objection to the instant claim on the grounds that the Plaintiff had already generated or could have claimed prior to the closure of pleadings in the acquisition amount case No. 2011Gabu District Court Decision 2011Da191745 Decided May 27, 2005.

In addition, according to the purport of the evidence Nos. 1 and 2 and the whole arguments, Seoul Guarantee Insurance Co., Ltd. filed a lawsuit against the plaintiff for the claim for reimbursement amount under the Changwon District Court No. 2001Gaso8391, Jul. 201.