1. The defendant's case against the plaintiff of Gwangju District Court 2016Gahap1236 (Main Office), 2017Gahap11521 (Counterclaim).

1. Each fact recorded in the attached Form of the facts of recognition, and the defendant's withdrawal of the application for compulsory auction of this case on or around November 6, 2019, may be recognized respectively by either the dispute between the parties, or by adding the whole purport of the pleadings to the entries in the evidence No. 1 through No. 5, and evidence No. 1 (including each branch number) No. 1.

2. The assertion and judgment

A. According to the facts acknowledged as to the cause of the claim, it is reasonable to view that the Plaintiff’s obligation against the Defendant pursuant to the instant judgment was extinguished when the Plaintiff fully repaid the principal, interest, and enforcement expenses of the Plaintiff’s obligation (which does not dispute that the principal, interest, and enforcement expenses of the Defendant have been fully deposited). Therefore, the executory power of the instant judgment should be excluded.

B. The defendant's assertion is alleged to the purport that the lawsuit of this case should be dismissed as there is no benefit in the lawsuit, since the defendant withdraws the application for compulsory auction of this case. However, the lawsuit of objection is a lawsuit for the formation of the litigation law to seek the exclusion of executive force held by executive titles based on the substantive law as to the claim. Since executive force of executive titles is not excluded solely from the circumstances where substantive claim is extinguished, it is excluded only from the judgment of acceptance of the lawsuit based on the judgment of acceptance of the claim based on this reason, even if the substantive claim indicated in the judgment of this case is extinguished due to the plaintiff's deposit for repayment, the plaintiff can bring an objection suit as a matter of course. Further, the lawsuit of objection is not aimed at suspending or revoking an individual execution act, but rather at seeking the exclusion of general executive force with executive titles with executive titles, the circumstance that the application for compulsory auction of this case, which is merely an individual execution act, is difficult to be considered

(b).