1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Defendant filed a lawsuit against the Plaintiff and C, the Seoul Central District Court 2013Gahap5906, which sought damages from medical malpractice, and the said court rendered a judgment in favor of the Defendant.

On April 6, 2017, the Plaintiff and C appealed as Seoul High Court 2016Na2015639, and the said court rendered a decision in lieu of conciliation to pay KRW 56,00,000 to the Defendant by May 31, 2017, and the said decision became final and conclusive on April 27, 2017.

(hereinafter “instant decision”). (b)

On September 10, 2018, based on the original copy of the instant decision, the Defendant was issued a collection order for the claim amounting to KRW 66,080,00 with the Changwon District Court 2018TTT 10597 (hereinafter “instant claim seizure and collection order”) based on the original copy of the instant decision, and collected KRW 5,840,630 from the third obligor based on the seizure and collection order for the instant claim in question, and received KRW 60,239,370 from the Plaintiff.

C. On March 26, 2019, after the filing of the instant lawsuit, the Defendant withdrawn the application for the seizure and collection order of the instant claim.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Defendant alleged by the Plaintiff did not withdraw the seizure and collection order of the instant claim even after completion of compulsory execution by the instant decision. Therefore, the Defendant sought non-permission of compulsory execution by the instant decision.

B. 1) Determination 1) There is no interest in a lawsuit seeking the denial of compulsory execution with respect to the part satisfactory to an obligee upon termination of compulsory execution based on the executive title (see Supreme Court Decision 2013Da82043, May 29, 2014). 2) The fact that compulsory execution by the decision of this case is terminated by the Defendant’s withdrawal of an application for the seizure and collection order of the instant claim, is as seen earlier, and therefore, the Plaintiff is no longer entitled.