1. Of the instant lawsuits, the District Court 2003 Lohap4072, 2003 Lohap6429 (Joint) against the Defendants’ Plaintiff.

1. Determination as to the legitimacy of the part of the instant lawsuit seeking the non-permission of compulsory execution based on the judgment of the first instance court

A. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 and 5 as a whole, the judgment of the first instance court of this case was rendered on February 20, 2009 with the purport that the Plaintiff orders the Defendants to pay the money. In that appellate court on December 22, 2009, the Plaintiff paid to the Defendants an amount equivalent to 1/11 of the cited amount of the judgment of the first instance court of this case, and the Defendants made a decision in lieu of conciliation that the Plaintiff would waive the remaining claims against the Defendants, and the above decision became final and conclusive.

B. In addition to the written decision in lieu of the instant conciliation, the Plaintiff filed a petition for non-permission of compulsory execution based on the judgment of the first instance court. Therefore, we examine whether this part of the lawsuit is legitimate ex officio.

Article 44(1) of the Civil Execution Act provides that “A person who intends to raise an objection against a claim finalized by a judgment shall file a lawsuit of demurrer against a claim.” As such, in the case of a judgment with a declaration of provisional execution for which the title of execution is not yet finalized, an appeal may only assert the grounds for objection or file a lawsuit of objection after the judgment becomes final and conclusive, and it is not allowed to seek the exclusion of enforcement force by a lawsuit of objection against

In addition, Article 215(1) of the Civil Procedure Act provides that “The declaration of provisional execution shall lose its effect to the extent that it is altered to the pronouncement of the sentence or the judgment changing the original case judgment.”

However, the judgment of the first instance court of this case has lost its effect before the final and conclusive judgment became final and conclusive due to the change of the decision in lieu of conciliation in the appellate court, and thus, it cannot be the object of a lawsuit

The Defendants of this case constitute a case where the contents of the first instance judgment were changed by the above decision, and thus a provisional execution is invalidated.