Main Issues

A person eligible to raise an objection to the grant of an execution clause to a successor to a debtor (=the successor granted with the execution clause)

Summary of Decision

An objection against the grant of an execution clause among those as referred to in Article 34(1) of the Civil Execution Act refers to an objection raised by the debtor in the execution clause to seek correction, such as the cancellation of the grant of the execution clause, on the grounds of the illegality in granting the execution clause, in cases where an execution clause has been granted to any person as the execution debtor. Therefore, where the execution clause is granted for the execution against the debtor's successor indicated in the judgment, only the successor may raise an objection, and no objection may be raised against the original debtor indicated in the judgment.

[Reference Provisions]

Articles 31 and 34(1) of the Civil Execution Act

Applicant

Applicant 1 and one other (Law Firm Barun, Attorney Park Jae-ho, Counsel for the plaintiff-appellant)

Respondent

Respondent

Text

The motion of this case is dismissed.

Reasons

An objection against the grant of an execution clause among those as referred to in Article 34(1) of the Civil Execution Act refers to an objection raised by the debtor in the execution clause to seek correction, such as the cancellation of the grant of the execution clause, on the grounds of the illegality in granting the execution clause, in cases where an execution clause has been granted to any person as the execution debtor. Therefore, where the execution clause is granted for the execution against the debtor's successor indicated in the judgment, only the successor may raise an objection, and no objection may be raised against the original debtor indicated in the judgment.