1. On September 30, 2015, the Defendant’s claim against the Plaintiff is enforceable.

Since October 8, 201970, the Plaintiff has not resided in Busan and Gyeongnam-do, and in particular, after completing the moving-in report to the present place of residence on October 8, 2013, the Plaintiff has resided in the same domicile.

This can be seen by anyone from the plaintiff's abstract of resident registration.

On September 15, 2015, the Defendant applied for a payment order against the Plaintiff under this Court No. 2015 teas 57253, and submitted the Plaintiff’s domicile as “Incheon-dong-gu B and C Apartment 1, 902.”

Accordingly, this court issued a payment order as of September 30, 2015, and served it to the address indicated in the above application. At this point, on October 1, 2015, the court received the application for payment order on the ground that the person “D” was a person living together with the Plaintiff, and received the application for payment order on the ground that he was a mother, and the service report stating such contents was submitted to

However, the Plaintiff’s family relation documents submitted by the Plaintiff reveal that the Plaintiff’s parent is “C: E and F,” and there is no other material to know that the Plaintiff’s “D” is the Plaintiff’s relative.

On the other hand, when the above payment order became final and conclusive in the form, on December 4, 2015, the defendant applied for a seizure and collection order against the plaintiff's deposit claims, etc. as Busan District Court 2015TTT27448. At this time, the defendant stated the plaintiff's address as the debtor's address as the present address.

Therefore, the above payment order against the plaintiff can not be deemed to have been properly served on the plaintiff, so it cannot be deemed to have an executory power under the final decision.

In appearance, the payment order of this case was finalized, and the defendant conducted compulsory execution such as the seizure of the plaintiff's property based on this, so this court must take measures to eliminate the enforcement force urgently.

The plaintiff's claim of this case is accepted and decided as per Disposition.