청구이의
1. The plaintiff's lawsuit against the defendant shall be dismissed.
2. On July 2009, the Incheon District Court against the plaintiff by the defendant acceptance intervenor.
1. Where a claim on the title of execution of the instant lawsuit against the Defendant is transferred and meets the requirements for setting up against the Defendant, the standing to sue shall be changed to the assignee, and since the Defendant transferred the claim on the payment order as stated in the Disposition No. 2 and notified the Plaintiff on July 19, 2018 when the instant lawsuit is pending, the standing to be subject to execution of the payment order shall be deemed to have been changed to the assignee.
Therefore, the Plaintiff’s instant lawsuit against the Defendant is unlawful as it is against a non-qualified person.
2. Determination as to the claim against the Intervenor
A. Facts of recognition 1) On June 30, 2009, the acceptance intervenor against the defendant on June 30, 2009, the third floor E (E) of the D building at Silung-si (hereinafter “E”) as shown in the attached Form “Grounds for Application”).
2) On July 14, 2009, the Plaintiff filed an application for the payment order with the Incheon District Court No. 2009j10308 on the ground that the management expenses were overduely paid to the Plaintiff, and on July 14, 2009, the above court issued a payment order with the content that “the Plaintiff shall pay to the acquiring Intervenor the amount calculated at the rate of 20% per annum from the day following the day when the Plaintiff was served with the order and the day of full payment” (hereinafter “instant payment order”).
(2) The instant payment order was served on September 8, 2009 on the Plaintiff, and the Plaintiff’s objection period of two weeks was set up on September 24, 2009, and the instant payment order became final and conclusive on September 23, 2009 as the Plaintiff’s objection was submitted on September 24, 2009.
3) On May 1, 2018, the acquiring intervenor transferred a claim on the instant payment order to the Defendant, and notified the Plaintiff of the transfer thereof, and the Defendant was granted the succeeding execution clause as the succeeding intervenor’s successor on May 1, 2018. 4) The Defendant transferred a claim on the instant payment order again to the acquiring intervenor on July 19, 2018 when the instant lawsuit was pending, and transferred the claim to the Plaintiff with content certification on August 3, 2018.