1. The instant lawsuit shall be dismissed.

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

A lawsuit of demurrer against a claim refers to a lawsuit seeking the exclusion of executory power by asserting the substantive reasons with respect to a claim indicated in the executive title, such as a final judgment, which is final and conclusive by the debtor (Article 44 of the Civil Execution Act)

(see, i.e., Supreme Court Decision 2012Da70012, Nov. 15, 2012). In a case where a title of debt is a judgment rendered by a declaration of provisional execution, an appeal may assert the grounds for objection, file a request for suspension of compulsory execution due to an appeal, or file a lawsuit of objection after the judgment becomes final and conclusive, while the title of debt is not final and conclusive, an appeal may be filed. As such, filing a lawsuit of objection against a judgment rendered by a declaration of provisional execution cannot be allowed for lack

On December 19, 2013, the judgment of the court of Suwon-si rendered by the defendant as to the instant case is pending in the appellate court (U.S. District Court 2015Na41760). Thus, the instant lawsuit constitutes an unlawful lawsuit and thus it is not possible to correct the defect.

Therefore, it is decided as per Disposition by deciding to dismiss a lawsuit without holding any pleadings pursuant to Article 219 of the Civil Procedure Act.