청구이의
The judgment of the first instance shall be modified as follows:
Of the instant lawsuit, the Defendant’s legal firm G on January 2018 against the Plaintiffs.
1. Basic facts are the same as “1. Basic Facts” among the reasons for the judgment of the first instance court (the main sentence of Article 420 of the Civil Procedure Act; hereinafter the same shall apply). However, the following facts are acknowledged: “A complaint was filed by the first instance court 4 pages 4 of the judgment” (as a result of the entry of evidence No. 22, the amount deposited into the J account from K on April 26, 2017 shall be KRW 186,753,687, and the amount remitted from the said account to Plaintiff A on the same day shall be KRW 186,700,000 among the amounts transferred from the said account. However, the Plaintiffs asserted that “A shall receive KRW 200 million from K in accordance with the conciliation protocol of the case No. 2015Ga4483, Nov. 15, 2019,” and the Plaintiffs asserted that “A 200,000 additional money was not transferred to the Defendant.”
3. Determination ex officio as to the legitimacy of the part of the lawsuit of this case which terminated compulsory execution
(a) there is no benefit to seek non-permission of the compulsory execution by an action of demurrer after the creditor has received the satisfaction as a whole after the compulsory execution based on executive titles has been completed as a whole;
(1) In cases where a creditor, who has received a seizure and collection order, collects a claim subject to seizure and collection order from a third debtor, and files a report on collection under Article 236(1) of the Civil Execution Act, if no other creditor has filed a report on collection, then the claim subject to seizure and collection shall be extinguished within the scope of collection. In cases where the creditor, who has received a seizure and collection order, files a report on collection under Article 236(1) of the Civil Execution Act, the execution court shall deliver an executory exemplification to the debtor, and in cases where the total amount of the execution claim has been repaid after investigating the appropriation relationship, etc. of the collection amount, etc., and in cases where a part has been repaid, the execution court shall deliver an executory exemplification to the creditor, and in cases where a part has been repaid, it shall return it to the creditor, etc. after stating the executory exemplification,