1. All of the plaintiffs' claims are dismissed.

2. With respect to cases of suspension of compulsory execution by this Court 2019 Chicago4, January 2019.

1. Facts of recognition;

A. The Defendant filed an indirect compulsory performance against the Plaintiffs, and received a decision that “the Plaintiffs shall not install obstacles, such as posts that obstruct the passage of the instant land, or perform any other act that obstructs passage. If the Plaintiffs violate this decision from the date of receiving the notification thereof, they shall pay 50,000 won per day to the Defendant (the Busan District Court Branch D Order 2018, Nov. 13, 2018).” The said decision became final and conclusive around that time.

B. The defendant applied for a compulsory auction of real estate amounting to KRW 11 million on the real estate owned by the plaintiffs on the ground that the plaintiffs violated the above indirect compulsory execution order for 22 days.

(Ground) Busan District Court Dong Branch E / [Ground]: Each entry of Gap 1, 4, Eul 1 (including all of the branch numbers), and the purport of the whole pleadings.

2. The Plaintiffs asserted that there was no violation of the decision of indirect compulsory performance by filing the instant lawsuit, and the Defendant asserted that there was a violation of the decision of indirect compulsory performance.

However, in order for an obligee to enforce a decision of indirect compulsory performance on the obligation of omission as an executive title, an execution clause should be obtained. Since a obligor’s breach of duty constitutes a condition for the enforcement of an indirect compulsory performance order on the obligation of omission, an obligee may obtain an execution clause proving the fulfillment of the condition under Article 30(2) of the Civil Execution Act.

In addition, the issue of the fulfillment of the condition, which is the requirement for grant of execution clause, is the matter to be asserted and examined in a lawsuit of objection against grant of execution clause related to grant of execution clause or in a lawsuit of objection against grant of execution clause, and there is an objection to the exclusion of the executory power held by the executive officer on the ground of an objection