The judgment of the Suwon District Court on February 6, 2020 on the defendant's revocation case of 2019Na 65337 was based on the revocation case.

1. Facts of recognition;

A. The Defendant filed a lawsuit against the Plaintiff as this court 2018Ga 224483, which sought revocation of the act of deception against the Plaintiff and rendered a judgment against the court of first instance. However, the appellate court received a favorable judgment (2019Na 65337, hereinafter “the instant judgment”) on February 6, 2020, as stated in paragraph 1, at the Suwon District Court, which is the legal ground of appeal, and the instant judgment became final and conclusive on June 26, 2020.

B. On August 26, 2020, the Plaintiff deposited the amount of KRW 78,147,602, which was to be paid to the Defendant under the instant judgment as a gold No. 947 of the Jeonju District Court’s Eup branch in 2020 (i.e., KRW 77,500,000 (i.e., KRW 77,500,000 and its interest calculated by 5% per annum from June 27, 2020 to August 26, 2020).

(c)

In accordance with the instant judgment on August 28, 2020, the Defendant received a decision of compulsory commencement of auction on the real estate owned by the Plaintiff to this court C, and the Plaintiff filed the instant lawsuit seeking non-performance of compulsory execution against the instant judgment on September 9, 2020, and the Defendant failed to pay the enforcement cost relating to compulsory auction other than the instant judgment.

C. Around October 27, 2020, when the instant lawsuit was pending, deposited KRW 2,878,983 of the costs of compulsory auction application for real estate by the Jeonju District Court’s Eup branch court in 2020 gold No. 1036.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1 (including each number), the purport of the whole pleadings

2. According to the facts acknowledged prior to the judgment, since all debts and enforcement expenses pursuant to the judgment of this case are met, compulsory execution based on the judgment of this case against the plaintiff of this case shall be rejected.

3. Thus, the plaintiff's claim of this case is justified, and the costs of lawsuit are assessed against each party (the plaintiff received the defendant's preparatory document on October 27, 2020 and deposited the execution cost as above.