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(영문) 춘천지방법원홍천군법원 2020.09.21 2020가단17

청구이의

Text

1. The defendant's decision to recommend reconciliation from the Hongcheon-gun District Court 2017Gadan1533 against the plaintiff is based on the defendant's decision to recommend reconciliation.

Reasons

1. On June 11, 2020, the Defendant already withdrawn an application for compulsory auction as of June 11, 2020, and argued to the effect that there is no benefit in the lawsuit since the registration of creation of mortgage was cancelled on the same day. However, the lawsuit of demurrer is a lawsuit of formation of litigation law seeking the exclusion of enforcement power held by executive titles based on the grounds under the substantive law as to the claim, and the enforcement power of executive titles is not excluded solely on the ground that the substantive claim is extinguished, but is excluded only by the judgment of acceptance of the lawsuit of objection on the ground that the execution power of executive titles is not excluded, and thus

It cannot be said that the interest in the lawsuit in this case is lost solely on the grounds that a request for auction, which is only an act of execution, has been withdrawn.

The defendant's assertion is not accepted.

2. The fact that the plaintiff's obligation to the defendant based on the decision of recommending reconciliation of this case is fully repaid by the parties is not in dispute between the parties, and compulsory execution based on the decision of recommending reconciliation of this case shall be dismissed.

3. Conclusion, the plaintiff's claim is justified and acceptable.