1. Compulsory execution against the Defendant’s Plaintiff based on the payment order dated October 11, 2016 by the Incheon District Court (2016 tea6741).

1. Basic facts

A. A. Around 2009, the Defendant, a company engaged in civil engineering works, etc., conducted earth and sand reclamation works (hereinafter “instant construction works”) on the land of 1749 square meters (hereinafter “instant land”) owned by the Plaintiff, with the Plaintiff’s consent regarding the creation of a housing site for Jung-gu Incheon District B B in Incheon.

B. In the case of an application for the payment order for construction price against the Plaintiff, the said court rendered the payment order (hereinafter “instant payment order”) on October 11, 2016, stating that “the Plaintiff shall pay to the Defendant the amount of KRW 14,002,560 and the amount calculated by the rate of KRW 15% per annum from November 8, 2016 to the date of full payment” (hereinafter “instant payment order”), and the said payment order was finalized on October 29, 2016.

C. The summary of the cause of the claim for the instant payment order was that “the Plaintiff entered into a construction contract with the Defendant for the instant construction work amount of KRW 14,002,560 with respect to the construction work, and completed the construction work in accordance with the said contract.”

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The assertion and judgment

A. (1) The plaintiff defendant proposed that part of the land of this case be included in the road site of the housing site creation project, and that the plaintiff will take the construction of this case at his own expense if the plaintiff consented to the use of the land of this case for the progress of the above project. The plaintiff allowed the defendant to use the land of this case.

However, the defendant asserted that the plaintiff and the construction cost of KRW 14,002,560 were concluded with the plaintiff and the defendant applied for the payment order of this case. The defendant's claim for the construction cost under the above construction contract does not exist.

Even if the contract for construction work was established as claimed by the Defendant, it shall be subject to the three-year extinctive prescription pursuant to Article 163(3) of the Civil Code, and the instant construction work was terminated in around 2009.