1. The Defendant’s compulsory execution against the Plaintiff by the Seoul Western District Court Decision 2006Gaso72687 Decided June 9, 2006.

1. Facts of recognition;

A. On June 9, 2006, the Defendant (D Co., Ltd.) filed a lawsuit against the Plaintiff on the claim for unpaid management expenses by the Seoul Western District Court Decision 2006Da72687, and on June 9, 2006, issued a judgment that “the Plaintiff shall pay to the Defendant the amount of KRW 15 million with interest of KRW 18% per annum from June 8, 2006 to the date of full payment” (hereinafter “instant judgment”).

The above judgment became final and conclusive on June 28, 2006.

B. According to the instant judgment, the Defendant applied for a compulsory auction of real estate owned by the Plaintiff to the District Court E, and received a decision to commence compulsory auction on January 15, 2019.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The defendant's claim of this case concerning the cause of the claim runs the ten-year extinctive prescription period from the date the judgment became final and conclusive.

On January 29, 2019, when ten years have elapsed since June 28, 2006, the date when the judgment of this case became final and conclusive, the plaintiff filed the lawsuit in this case claiming the completion of extinctive prescription of the claim for the judgment of this case and seeking non-performance of compulsory execution based on the judgment of this case. Thus, barring any special circumstance, the defendant's claim for the judgment of this case has become final and conclusive after the statute of limitations expired.

Therefore, compulsory execution based on the judgment of this case should not be permitted.

3. Judgment on the defendant's assertion

A. On April 4, 2016, the Defendant asserted that, upon the instant judgment, the extinctive prescription was interrupted since the Defendant filed an application for the seizure and collection order with the Seoul Western District Court 2016TTTT3259 on April 4, 2016, and the Defendant received the seizure and collection order with the District Court 2017TTT9195.

B. On April 4, 2016, the Defendant filed an order for the seizure and collection of the Plaintiff’s claim with the Seoul Western District Court 2016TTT3259 (Seoul Western District Court) and received a valid order for the seizure and collection of the claim.