1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. 1) The Defendant rendered a provisional disposition prohibiting the transfer of possession against C on October 8, 2015, the Seoul District Court Decision 2015Kadan2489, Busan District Court Decision 2015Kadan2489 (hereinafter “instant store”).

2) On October 21, 2015, the court issued a provisional disposition prohibiting the transfer of possession from the said store on the basis of the right to claim for the temporary injunction against the transfer of possession from the said store on the ground that the lease contract was terminated (hereinafter “the provisional disposition order of this case”).

(2) On November 3, 2015, the enforcement officer of the Busan District Court Branch Branch rendered a provisional injunction against the transfer of possession to the instant store by attaching a notice stating the details thereof in accordance with the instant provisional injunction order. In the process, the Plaintiff participated as the husband of the debtor (C).

B. On October 6, 2015, the Defendant filed a lawsuit seeking the name order of the store in this case with the Incheon District Court Branch Decision 2015Kadan23651 (hereinafter “instant judgment”). On January 14, 2016, the said court rendered a judgment accepting the Defendant’s claim (hereinafter “instant judgment”), and the said judgment became final and conclusive on February 12, 2016.

C. 1) According to the instant judgment, the Defendant intended to deliver and execute the instant store to C. However, the Plaintiff failed to comply with the execution after occupying the instant store. 2) The Defendant filed an application for granting the execution clause for succession to the instant judgment by asserting that the Plaintiff was the heir of C. The Defendant filed an application for granting the execution clause for succession to the instant judgment. On May 20, 2016, the Busan District Court Branch Branch Branched the Plaintiff as the possessor after the provisional disposition prohibiting the transfer of possession by C, and granted the execution clause succession (hereinafter referred to as the “instant execution clause”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 6 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The merits;