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(영문) 수원지방법원성남지원 2019.09.24 2019가단209511

청구이의

Text

1. The portion of the claim seeking the invalidity of the decision on performance recommendation among the instant lawsuits shall be dismissed.

2. The defendant's assertion against the plaintiff.

Reasons

1. A lawsuit raising an objection to a claim for invalidity of the decision on performance recommendation of this case is merely seeking the exclusion of the executory power by asserting the substantive reasons with respect to the claim indicated in the executory power, such as the final and conclusive judgment that became final and conclusive by the debtor, and the decision on performance recommendation, and is not a lawsuit seeking a judgment on invalidity of the executory power. The part seeking invalidation of the decision on performance recommendation of this case among the lawsuit of this case is unlawful

2. On the grounds that the decision on performance recommendation in this case was rejected

(a)be as shown in the attachment of the claim;

(b) Judgment without applicable provisions of Acts (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

3. In conclusion, the part of the claim for invalidation of the decision on performance recommendation of this case is unlawful and dismissed, and the claim for non-execution of the decision is justified, and it is so decided as per Disposition.