[청구에관한이의][집19(3)민,182]
A lawsuit of demurrer is unlawful to seek the exclusion of the executory power of the name of the debt holder itself, and seek the denial of the individual enforcement act already executed.
Since a lawsuit of demurrer is sought to exclude the executory power of the title of debt, it is unlawful to seek the denial of individual enforcement acts already executed.
Article 505 of the Civil Procedure Act
Plaintiff
Defendant
Seoul High Court Decision 70Na492 delivered on April 6, 1971, 200
The appeal is dismissed.
The costs of appeal shall be borne by the plaintiff.
The grounds of appeal by the plaintiff's attorney are examined.
The purport of the judgment of the court below is that the plaintiff dismissed the plaintiff's principal and interest claim in the title of this case (the executory exemplification of the judgment in the claim for check payment in Seoul Civil Procedure Act 69A7908) on the ground that the principal and interest claim in the title of this case (the executory exemplification of the judgment in claim for check payment in Seoul Civil Procedure Act 69A7908) was extinguished due to the plaintiff's repayment, not the plaintiff's claim for the exclusion of the overall executory power of the above titles, but the plaintiff's claim for the denial of specific executory power of the title of debt, and the lawsuit for objection against the original claim is a lawsuit seeking the exclusion of the general executory power of the title of the debt itself, and cannot be instituted on the ground that the plaintiff's claim for the exclusion of individual executory power of the title of the debt and the claim for the exclusion of individual executory power of the title of the debt cannot be raised on the ground that the court below's dismissal of the plaintiff's principal lawsuit is legitimate, and it is not a decision of appeal against the plaintiff's claim for objection.
Therefore, it is so decided as per Disposition by the assent of all participating Justices.
[Judgment of the Supreme Court (Presiding Judge) Nabri-dong and Dobri-Jaking Hanwon