1. The plaintiff's claim is dismissed.

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

According to Gap evidence No. 3, the defendant filed a lawsuit against the plaintiff for the partition of co-owned property and the return of unjust enrichment (hereinafter "transfer lawsuit") under Busan District Court Decision 2013Da226252, and was sentenced to a favorable judgment on June 12, 2014, and the same year.

8.6. It is recognized that the judgment has become final and conclusive.

The plaintiff asserted that at the time of the previous lawsuit, he was residing in the family and that at the time of the divorce lawsuit with her husband, the documents of the lawsuit were not delivered to the plaintiff's children.

However, in a case where a judgment becomes final and conclusive, it is not permissible to deny compulsory execution based on the final and conclusive judgment while disputing the validity of the judgment unless the judgment is revoked by a lawsuit for retrial (the right based on a final and conclusive judgment should be exercised in accordance with the principle of trust and good faith, so if compulsory execution based on the judgment constitutes an abuse of rights, it cannot be allowed. Therefore, in order to ensure that the contents of the final and conclusive judgment are contrary to substantive legal relationship and the execution by the judgment constitutes an abuse of rights, the execution by the judgment shall be allowed. However, in full view of all the circumstances such as the nature and contents of the right, the nature and contents of the right that became executive title, the circumstances leading up to the establishment of the judgment, and the impact of the final and conclusive judgment on the parties, it should be acknowledged that the execution by the final and conclusive judgment would clearly be unreasonable and impossible for the other party to execute the final and conclusive execution (see, e.g., Supreme Court Decisions 208Da51588, Nov. 13, 2008).