1. The plaintiff's claim is dismissed.

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

1. The plaintiff's assertion that the judgment that became final and conclusive (hereinafter "the final and conclusive judgment of this case") with respect to the defendant's case of Goyang-gu District Court 2017da71501 building name map against the plaintiff was limited to the case between the plaintiff and the Korea Land and Housing Corporation, and thus, it constitutes an abuse of rights against the good faith principle. Thus, the execution title of the final and conclusive judgment of this case should

2. Examination of the judgment, in a case where an executive title subject to an objection in a claim objection suit is a final and conclusive judgment, the reason should have arisen after the closing of argument in the relevant lawsuit as a fact-finding court. Moreover, even if an obligor was unaware of such circumstance and was unable to assert it before the closing of argument, the circumstance that occurred earlier cannot be deemed as the ground for objection, even if the obligor was unaware of such circumstance

(see, e.g., Supreme Court Decision 2005Da12728, Jan. 19, 2005). In addition, when a judgment becomes final and conclusive, the existence of a claim subject to res judicata becomes final and conclusive, and the executory power is generated accordingly.

However, even if the right is based on the final judgment, it should be exercised in good faith, so if enforcement based on the judgment constitutes abuse of rights, it cannot be permitted, and therefore, the enforcement obligor can seek the exclusion of enforcement by filing an objection suit.

I would like to say.

However, in order to ensure that the contents of a final and conclusive judgment are contrary to substantive legal relations and the execution by the judgment constitutes an abuse of rights, taking into account all the circumstances such as the nature and contents of the right to become executive titles, the circumstances leading up to the establishment of the judgment and the execution after the conclusion of the judgment, and the impact of the execution upon the parties concerned, it is obvious that the execution by the final and conclusive judgment is remarkably unfair and that the execution by the final and conclusive judgment may be allowed to be executed by