집행문부여의 소
1. The payment order in the Seoul Central District Court 2016 tea193 was issued between C and the Defendant.
1. Comprehensively taking account of the overall purport of pleadings as to the grounds for the claim Gap's evidence Nos. 1, 2, and 3, C Co., Ltd. received payment orders from the defendant on June 10, 2016 by requesting payment orders from the Seoul Central District Court 2016 tea A93, which became final and conclusive on July 15, 2016, and the Plaintiff was delegated with the authority to receive the assignment of claims and to notify the assignment of claims on July 19, 2019, and the Plaintiff did not deliver the notice of assignment of claims to the defendant on July 19, 2019, and the complaint of this case attached with the said notice of assignment of claims was served on the defendant on January 30, 202.
Therefore, for compulsory execution against the defendant, the junior administrative officer, etc. of the Seoul Central District Court should grant the execution clause to the plaintiff who is the successor to the claim based on the above payment order.
2. The defendant's assertion argues to the purport that the plaintiff's claim of this case in this case is unfair since the defendant was granted bankruptcy immunity around 2012, but did not know the existence of the claim based on the above payment order and did not know the existence of the claim.
A lawsuit for grant of execution clause under Article 33 of the Civil Execution Act is a lawsuit to obtain the execution clause by judgment, by asserting and proving that there is an executory power based on such a reason without being subject to the restriction on the method of proof in cases where the creditor is unable to prove the matters to be proved by a certificate for the grant of execution clause. A lawsuit for objection to a claim under Article 44 of the Civil Execution Act is a lawsuit for exclusion of the executory power of the executory power of the creditor on the ground of an objection raised by the debtor concerning the claims indicated in the
As above, in light of the purport that the Civil Execution Act recognizes both a lawsuit for grant of execution clause and a lawsuit for objection, it is in the lawsuit for grant of execution clause.