청구이의 등
The judgment below
The part against the defendant shall be reversed, and the case shall be remanded to the Daejeon High Court.
1. As to whether a lawsuit raising an objection in the event of the termination of compulsory execution and a lawsuit raising an objection against the grant of execution clause is legitimate
A. There is no benefit to seek the denial of compulsory execution by an action of demurrer after the creditor obtains satisfaction as a whole after the compulsory execution based on the executive title has been completed as a whole (see Supreme Court Decision 96Da52489, Apr. 25, 1997). An action of demurrer against the grant of the execution clause may also be brought before the completion of compulsory execution after the grant of the execution clause, and there is no benefit to bring an action after the completion of compulsory execution.
B. (See Supreme Court Decision 2002Da64810 delivered on February 14, 2003).
In light of the following facts: (a) the court below, which did not legally adopt or dismiss Gap evidence 80-1 through 9; (b) Gap evidence 81-1 through 6; (c) Gap evidence 82-2 through 84; and (d) Eul evidence 85-1 through 3, the court below can find the fact that the defendant, based on the judgment of this case and the conciliation protocol of this case, received the proceeds of sale in the auction procedure for movable property owned by the plaintiff; and (c) collected a reasonable amount after receiving the seizure collection order for the plaintiff's claims.
In addition, both the Plaintiff and the Defendant asserted in the lower court that compulsory execution was enforced by the Defendant, such as collecting the amount equivalent to KRW 1,161,00,000 from the total amount of indirect compulsory performance up to June 9, 201, except for the portion for which compulsory execution was denied in the first instance court among the instant judgment and the conciliation protocol (e.g., the Defendant did not appeal against this point and the judgment of the first instance court became final and conclusive as it was, as it was),
Therefore, there is no interest in a lawsuit seeking the denial of compulsory execution with respect to the part on which compulsory execution has been terminated, and there is no interest in a lawsuit seeking the denial of compulsory execution due to an objection against a claim objection and grant of execution clause. Therefore, the lower court shall further deliberate on the part on which compulsory execution according to the instant judgment and the protocol