beta
(영문) 서울동부지방법원 2016.11.23 2016나22815

청구이의

Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

ex officio, the instant lawsuit is deemed lawful.

In the case of the Seoul Eastern District Court 2015Na1668 (principal suit), 2015Na1675 (Counterclaim), 2015Na1682 (Joinder), 2015Na1682 (Joint), and 2015Na1699 (Joint), the decision became final and conclusive on July 23, 2015. The defendant claimed that compulsory execution based on the above decision of recommending reconciliation should not be allowed because he/she received all obligations under the decision of recommending reconciliation prior to the above decision of recommending reconciliation through the seizure and collection order, etc.

After compulsory execution based on executive titles has been completed as a whole, there is no benefit to seek the denial of such compulsory execution by a lawsuit of demurrer against a claim, after the creditor has satisfied.

(See Supreme Court Decision 2013Da82043 Decided May 29, 2014, etc.) According to the purport of Gap evidence Nos. 1 through 7 and all pleadings, the plaintiff shall receive 2015Na1668 (Mains), 2015Na1675 (Counterclaim), 2015Na1682 (Consolidateds), and 2015Na1699 (Joints) from the defendant in relation to "the plaintiff shall be paid 6,677, 729 won to the defendant and 6,636,509 won, which are 20% of the total amount of debt No. 2010 to August 13, 2012, and 2015 to 2015Da164165 (Joints of Judgment No. 2014, Jun. 15, 2010).