1. Of the instant lawsuit, the part demanding the withdrawal of the Jeju District Court’s Jeju District Court’s Jeju District Court’s Jeju Real Estate Auction case.

1. Basic facts

A. On August 20, 2015, the Defendant applied for a payment order against the Plaintiff for the payment of the loan amounting to KRW 30,00,000,000 from the said court on August 20, 2015, the Defendant received a payment order (hereinafter “instant payment order”) stating that “the Plaintiff shall pay to the Defendant 12% per annum from February 21, 2014 to August 26, 2015, and the amount equivalent to 20% per annum from the next day to the day of full payment” (hereinafter “instant payment order”), and the said payment order was finalized as it is.

B. Accordingly, on September 24, 2015, the Defendant filed an application for a compulsory auction of real estate under the Changwon District Court Jinju Branch C (hereinafter “instant real estate auction procedure”) with respect to the 397 square meters of land owned by the Plaintiff with the title of execution with respect to the instant payment order as the title of execution.

C. On February 29, 2016, the Plaintiff repaid the Defendant the principal and interest of the obligation based on the instant payment order.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. We examine whether this part of the lawsuit is lawful ex officio as to the part on which the revocation of the application for real estate auction is sought.

The plaintiff filed a lawsuit of objection against the plaintiff of this case to refuse compulsory execution based on the payment order of this case. At the same time, the plaintiff filed a lawsuit of objection against the plaintiff of this case, and at the same time sought the withdrawal and cancellation of the execution of this case's real estate auction that the defendant individually applied for and executed based on

However, a lawsuit of demurrer is a lawsuit seeking the exclusion of the general executory power of executive titles. The revocation of an individual executory act already executed is only possible by submitting to the executive organ the original copy of the final judgment in favor of the Plaintiff, which excluded the executory power as above. Moreover, the relationship between a claim seeking the exclusion of executory power of executive titles and a claim seeking the exclusion of an individual executory disposition cannot be established.