1. The instant lawsuit shall be dismissed.

2. On June 20, 2019, this Court has issued an application for the suspension of compulsory execution with respect to the case of applying for the suspension of compulsory execution.

1. Basic facts

A. The plaintiff and C are married couple.

On July 1, 2019, the Plaintiff completed the registration of transfer of ownership with respect to 1/2 shares out of land D in Incheon, Incheon, Incheon, which was owned by C, and 1/2 shares out of land E in Incheon, Incheon, and 1/2 shares out of land E in Incheon, which was owned by the Incheon, the Incheon District Court (2019s.60578) around July 1, 2019.

B. On September 5, 2018, the Defendant filed an application with the Incheon District Court Branch C for a payment order to the effect that the Defendant requested the payment of KRW 40 million of the loan lent to C (hereinafter “instant loan”).

Accordingly, on September 6, 2018, the Busan District Court issued a payment order to the effect that “C shall pay to the Defendant an amount equivalent to KRW 40 million and 15% interest per annum from the day following the service date of the original copy of the instant payment order to the day of full payment (Seoul District Court Decision 2018 tea1919),” and the above payment order was finalized on October 3, 2018.

(F) The Defendant filed an application for a compulsory auction on each of the instant lands with the title of execution for the instant payment order (hereinafter “instant payment order”). On November 14, 2018, the Incheon District Court issued a decision to commence compulsory auction on the said application.

(F) [Reasons for Recognition] / [Ground for Recognition] : Entry in Gap 1, 3, 7, 8, 9 (including virtual numbers) and the purport of the whole pleadings.

2. The gist of the Plaintiff’s assertion is that the Defendant received the payment order of this case by deceiving the court by asserting false claims despite the fact that the Defendant did not lend the loan KRW 40 million to C.

In addition, since the plaintiff is a couple C and the owner of each land of this case, the plaintiff can file a lawsuit of objection against the claim of this case. Compulsory execution based on the payment order of this case shall be dismissed.

2. We examine ex officio whether the plaintiff has standing to sue to file a lawsuit for objection to the instant claim.