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(영문) 서울중앙지방법원 2021.03.26 2020가단5312707

청구이의

Text

1. Of the instant lawsuit, the part demanding the withdrawal and cancellation of the execution of the seizure and collection order shall be dismissed.

2...

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment deemed a confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act).

3. We examine, ex officio, the part which partially dismissed, the legality of the lawsuit relating to the part on which the withdrawal of the collection order and the cancellation of the execution are sought.

With respect to the ruling of seizure and collection order, pursuant to Articles 227(4) and 229(6) of the Civil Execution Act, the court of execution may immediately appeal to the court of execution through appeal, or request revocation by submitting documents for cancellation of execution to the executive agency before the execution is completed. As such, among the lawsuits in this case, the part seeking withdrawal and cancellation of the seizure and collection order among the claims in this case is an incidental law.