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(영문) 대전지방법원 2019.08.22 2019가단11477

청구이의

Text

1. Of the instant lawsuit, the part of the lawsuit demanding the cancellation of the decision on the seizure and collection order shall be dismissed.

2. The defendant.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Articles 208 (3) 1 and 257 of the Civil Procedure Act of the applicable provisions of Acts;

3. ex officio of the grounds for partial dismissal, examine the legitimacy of the part concerning the claim for cancellation of the attachment and collection order among the instant lawsuits.

With respect to the decision on the seizure and collection order, pursuant to Articles 227(4) and 229(6) of the Civil Execution Act, a document of cancellation of execution may be submitted to the executive agency before the enforcement agency objects to the immediate appeal or completes the enforcement act through the immediate appeal, and the revocation thereof may be sought. As such, the part seeking cancellation of the seizure and collection order among the instant lawsuit is unlawful

Therefore, the part of the lawsuit of this case seeking cancellation of the seizure and collection order is unlawful, and thus, it is dismissed.