1. The plaintiff's claim is dismissed.

2. As to the case of application for the suspension of compulsory execution by this Court 2019 Chicago10211, August 2019

1. Basic facts

A. On March 15, 2017, the Plaintiff and the Defendant were married to have son C and son D, but around March 15, 2017, the Busan Family Court confirmed the intention of divorce, and completed the report of divorce at around that time.

B. Around December 8, 2016, the Plaintiff and the Defendant drafted a divorce agreement stating that “The Plaintiff and the Defendant shall have a divorce agreement between the Plaintiff and the Defendant, but the Defendant has a child C and D’s parental authority and right of custody, and the Plaintiff shall pay two million won per month to the Defendant for the child support of two children from January 2017 to 19 years of age.”

(hereinafter referred to as the “instant arrangement”). (C)

As to the child support under the instant agreement on the same day, the Plaintiff: (a) recognized the Defendant that “the Plaintiff bears the obligation of KRW 190 million according to the agreement on the payment of the child support for children C and D following the divorce; (b) concluded a notarial deed of debt repayment contract with the effect that “if the Plaintiff fails to perform the said child support obligation, it shall be repaid in 2 million won a day every month from January 1, 2017 to November 2024; and (c) if the Plaintiff fails to perform the said child support obligation, it shall be immediately subject to compulsory execution, it shall be recognized that there is no objection thereto” (hereinafter “notarial deed of this case”).

From January 2, 2017 to April 1, 2017, the Plaintiff paid a total of KRW 8 million to the Defendant as child support five times, and separately paid KRW 3 million on March 15, 2017.

E. The Defendant: (a) filed an application for a compulsory auction on the F. 318 square meters and above-ground buildings owned by the Plaintiff with the Busan District Court E with the title of execution of the instant notarial deed; (b) was issued on May 30, 2018; and (c) subsequently, on August 23, 2019, the date of distribution of the auction procedure commenced, the Defendant was distributed KRW 214,836,301, but the Plaintiff appeared on the said date of distribution and raised an objection against the said amount of distribution.

[Reasons for Recognition] Facts without dispute, Gap's statements, Gap's 1, 2, 5, and 6 (including each number, if any).