beta
(영문) 인천지방법원부천지원 2019.12.18 2019가단9073

청구이의

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The gist of the Plaintiff’s assertion is the cause of the instant claim, and the Plaintiff fully repaid the obligation pursuant to the Incheon District Court Branch Decision 2012Gadan22145, which was the purchase price protocol, against C, and upon death of C, the Defendant inherited the obligation, and thus, the Defendant is not subject to compulsory execution based on the above protocol of compromise.

2. As to the legitimacy of the instant lawsuit, health expenses, and the lawsuit of demurrer shall be filed against the person who is entitled to file an application for compulsory execution on the basis of executive titles, such as the person indicated as a creditor in the executive titles, or his/her successor, etc.

Therefore, the instant lawsuit is unlawful.

3. In conclusion, the instant lawsuit is unlawful and dismissed, and it is so decided as per Disposition.