[집행문부여거절에대한이의각하결정에대한재항고][집27(2)민,226;공1979.11.1.(619),12185]
Subjective scope of executive force of judgment
Even if the res judicata of a final and conclusive judgment based on the subrogation right of the obligee also affects the obligor who is the non-party, only the executory power of the final and conclusive judgment may arise between the plaintiff and the non-party.
Article 470 of the Civil Procedure Act
Supreme Court Decision 74Da1664 Delivered on May 13, 1975
[Re-Appellant]
Seoul High Court Order 79Ra49 dated June 20, 1979
The reappeal is dismissed.
As to the grounds of reappeal:
In a false obligee subrogation, in case where the claim of the plaintiff (creditor) filed a claim against the defendant by subrogation of the non-party (debtor) to deliver the land owned by the plaintiff directly to the plaintiff, and the judgment which accepted the claim becomes final and conclusive, even if the res judicata effect of the final and conclusive judgment also affects the debtor who is the non-party, it is natural that only the execution power of the final and conclusive judgment takes place between the plaintiff and the non-party, and it does not
Therefore, under the above view, the court below's dismissal of the appeal by the re-appellant is also justified by affirming the decision of the first instance court which rejected the objection of this case.
Therefore, we cannot accept the argument from the opposing purport merely because it is the independent opinion of the re-appellant.
Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Ahn Byung-soo (Presiding Justice)