1. The defendant's District Court 2008Gahap10231 has the executive force of the loan refund case against the plaintiff.

1. The Plaintiff’s assertion asserts that, for the following reasons, the compulsory execution based on Article 1(1) of the original text of the Decision on Recommendation for Settlement (hereinafter “instant Decision”) against the Defendant’s Plaintiff ought to be denied.

The decision of this case was not delivered lawfully to the plaintiff.

B. Around 2005, before the decision of this case became final and conclusive, KRW 100 million was paid out of the loan amount of KRW 200 million as asserted by the Defendant in the Incheon District Court Decision 2008Gahap10231 (hereinafter “the loan of this case”). Whether the Defendant’s attempt to enforce compulsory execution pursuant to the decision of this case has become final and conclusive and eight years have not passed since it cannot be accepted in social life in violation of justice. Thus, compulsory execution against the above KRW 100 million should not be denied. Even if not, the Plaintiff shall be subject to the following C:

Since the amount of compensation for land which has not been settled in the paragraph and the amount of compensation for delay thereof are offset by the above KRW 100 million by the automatic claim, compulsory execution against the above KRW 100 million shall be rejected.

C. Of the instant loan, the remainder KRW 100,000, the Plaintiff and the Defendant jointly purchased shares of 1/2 and registered under the name of the Defendant to receive compensation for the amount of KRW 1402 square meters in Yeonsu-gu Incheon (hereinafter “instant land”). The Defendant received compensation of KRW 478,549,330 for the instant land in around 2010 and repaid the remainder of the instant loan amount of KRW 100,000,000,000. Accordingly, the loan amount of KRW 200,000 was fully repaid.

2. Determination

A. The Plaintiff asserted the lawful service of the instant decision became final and conclusive when the instant decision was not lawfully served, and thus, the compulsory execution based on the instant decision is unlawful.