1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. D A. With respect to a promissory note which is a date of issuance on October 25, 2007, the face value of KRW 200 million, the date of payment on December 25, 2007, the issue date, the place of payment, and the place of payment, respectively, the Seoul Special Metropolitan City, the payee D, and the issuer Heavy Medical Welfare Foundation (hereinafter “instant promissory note”), a notary public has obtained a notarized deed (hereinafter “instant promissory note notarial deed”) by No. 386, 207.

B. On March 19, 2013, the Primary Medical Welfare Foundation received a decision to commence rehabilitation from the Seoul Central District Court (2012 Gohap246).

C. D around April 15, 2013, around April 15, 2013, transferred the instant promissory note claim to the Defendant.

On April 17, 2013, the Defendant reported the instant promissory note claims, etc. to the rehabilitation court as rehabilitation claims.

In the rehabilitation procedure, the Small and Medium Medical Welfare Foundation approved 30 million won of the Promissory Notes in this case and denied the remainder.

E. The Seoul Central District Court approved the rehabilitation plan of the Second Medical Welfare Foundation on December 13, 2013.

[Ground of recognition] Facts without dispute, entry of Gap 2, 3, and 10 evidence, purport of the whole pleadings

2. The Plaintiff asserts that the compulsory execution against KRW 170 million, based on the Notarial Deed of the Promissory Notes, should be denied, since the claim under the Notarial Deed of the instant case is a claim that is denied in the rehabilitation procedure, and the compulsory execution against KRW 170 million, based on the Notarial Deed of the instant Promissory Notes, should be denied.

ex officio, we examine the legitimacy of the instant lawsuit.

Rehabilitation claims in rehabilitation procedures shall be confirmed through the final claim inspection judgment procedure.

Provided, That where a debtor has an objection against an executory title of execution by the debtor, it shall be subject to the litigation procedures that the debtor is able to take (in a lawsuit for retrial, a petition, etc.).

Article 174(1) of the Debtor Rehabilitation and Bankruptcy Act (see, e.g., Article 174(1) of the same Act) and the term “execution title with executory power” above means the same as an executory exemplification.