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(영문) 서울남부지방법원 2016.09.01 2016가단10098

청구이의

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The plaintiff asserts that compulsory execution based on the above judgment should be denied because the defendant's settlement error caused the defendant's settlement error even though he/she did not bear all or some of the user fees, etc., and the defendant's winning judgment becomes final and conclusive on the wind that the above lawsuit is proceeding by service by public notice.

However, in a case where a judgment is an executive title, the grounds for raising an objection should accrue after the pleadings have been concluded (Article 44(2) of the Civil Execution Act), and as seen earlier, insofar as the Plaintiff claims the grounds arising prior to the closure of pleadings of the said judgment, the Plaintiff’s assertion itself is without merit.

(A) The Plaintiff’s claim of this case is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.