1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 17, 2014, the Defendant filed a lawsuit claiming the amount of subrogated payment against C.

(Cheongju District Court Decision 2014 Ghana3900). The above case was proceeded by service by public notice, and was closed on September 17, 2014, and on the same day, the judgment that “C shall pay to the Defendant the amount of 1,500,000 won and 20% interest per annum from September 13, 2014 to the day of full payment.”

(hereinafter the above case is referred to as the “prior case,” and the above judgment was referred to as the “prior judgment.” The prior judgment became final and conclusive around that time.

B. C died on April 10, 2015.

C. Around January 2019, the Defendant received an execution clause of succession to the Plaintiff, D, and E, the inheritor of C with respect to the preceding judgment.

The execution clause of succession to the plaintiff was delivered to the plaintiff on January 16, 2019.

[Ground of recognition] Class A 1, 3, 4, Eul evidence Nos. 1, 1, and the purport of the whole pleadings

2. On February 27, 2014, the Defendant asserted by the Plaintiff, purchased from Seocheon City F and one parcel, and completed the registration of ownership transfer on March 31, 2014.

The Defendant paid KRW 1,50,000 to G who cultivated the above land at the time of April 23, 2014 under the pretext of compost and fertilizer price, etc., and then asserted that “C, the seller, should have paid the above money to G, but the Defendant paid it on behalf of C,” and filed a lawsuit in the preceding case and received a final and conclusive judgment.

However, since the above 1,50,000 won was received between the defendant and G regardless of C, it cannot be said that the defendant paid it on behalf of C, not the money that C is obligated to pay.

Therefore, the preceding ruling is unfair, so compulsory execution based on the preceding ruling should not be allowed.

3. Article 44(1) of the Civil Execution Act provides that when an obligor intends to raise an objection against a claim finalized by a judgment, the obligor shall file a lawsuit of demurrer against the claim with the court of first instance.