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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
The grounds for the plaintiff's assertion in the trial while filing an appeal are not significantly different from the allegations in the trial of the first instance, and even if the evidence submitted in the trial of the first instance is different from the materials submitted in the trial of the first instance, the recognition and judgment of the facts in the trial of the first instance is recognized as legitimate.
Therefore, the reasoning of the judgment of this court is identical to the reasoning of the judgment of the court of first instance except for the part added by the following Paragraph 2.
In addition, according to the 7th judgment of the court of first instance, the following contents are added between the 3rd judgment and the 2nd judgment “4.............” 3) in a case where enforcement based on the final judgment is considerably unfair and allowing the other party to permit such enforcement, and it is obviously contrary to the justice, and thus it is obviously impossible to allow the other party to do so, the enforcement is not allowed as an abuse of rights (see Supreme Court Decision 9Da32899, Nov. 13, 2001). However, in a case where the contents of the final judgment are likely to be contrary to the substantive legal relationship, it is difficult to say that compulsory execution based on the judgment claim or exercise of rights constitutes abuse of rights as a matter of course, and the fact that the contents of the final judgment are contrary to the substantive legal relationship are contrary to the execution based on the final judgment, and it is difficult to view that the Plaintiff seeking the refusal of such enforcement constitutes abuse of rights (see Supreme Court Decision 2013Da82043, May 29, 2014).
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C. In addition, in a lawsuit of demurrer, where the executive title is a final and conclusive judgment, the reason for the objection must be that occurred after the closure of arguments at the fact-finding court.
(Article 44(2) of the Civil Execution Act).