1. The Defendant’s compulsory execution against the Plaintiff is based on the Defendant’s order of performance recommendation to the Changwon District Court 2017Gau2526.

1. Basic facts

A. On December 13, 2016, the Defendant filed a collection order with the Changwon District Court Decision 2016TT No. 2016TT to the Plaintiff for the attachment and collection order of the claim for return of the lease deposit held by Nonparty C against the Plaintiff.

B. On April 20, 2017, the Defendant filed a lawsuit against the Plaintiff on the claim for prohibition of collection by Jinwon District Court Branch 2017Gau2526, and the said court rendered a decision on performance recommendation (hereinafter “decision on performance recommendation of this case”). The instant decision on performance recommendation became final and conclusive on May 11, 2017, as the Plaintiff did not raise any objection.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion is premised on the premise that C has a claim to return the deposit amount to the Plaintiff. However, C merely transferred the Plaintiff’s domicile to the Plaintiff’s wife as the Plaintiff’s wife and did not conclude an actual lease agreement. Therefore, compulsory execution based on the decision on performance recommendation of this case should be dismissed.

B. 1) Article 5-7(1) of the Trial of Small Claims Act provides that when a defendant has failed to file an objection within a fixed period, a decision of rejection of an objection, or an objection has been withdrawn with respect to a decision of performance recommendation, the decision of performance recommendation shall have the same effect as a final and conclusive judgment. However, unlike Article 44(2) of the Civil Execution Act, Article 5-8(3) of the Trial of Small Claims Act provides that the assertion of objection against a decision of performance recommendation as to a claim for a final and conclusive judgment shall not be subject to the restriction under the above Civil Execution Act, since Article 5-8(3) of the Trial of Small Claims Act provides that the grounds for objection against a final and conclusive decision of performance recommendation shall be limited to that arising after the final and conclusive