청구이의
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On September 2, 2014, the above court rendered a ruling that “the Plaintiff shall pay to the Defendant 67,000,000 won and interest thereon, calculated at the rate of 5% per annum from April 9, 2010 to July 16, 2014, and 20% per annum from the next day to the date of full payment” (hereinafter “the instant ruling”), and the above ruling became final and conclusive as it is.
B. On April 22, 2015, the Defendant transferred claims based on the instant judgment to C, and on May 22, 2015, notified the Plaintiff of the assignment of claims.
C. On June 5, 2015, C received the succeeding execution clause regarding the instant judgment from the District Court of the Jung-gu District Court.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 4, Eul evidence 1 to Eul evidence 3 (including partial numbers), the purport of the whole pleadings.
2. Where the claim on the executive title regarding the legitimacy of the instant lawsuit is transferred and meets the requirements for setting up against the assignee, the standing to sue is changed to the assignee, and the execution obligee becomes final and conclusive as the assignee according to the intention to obtain the succession execution clause. As such, the executory power of the existing executive title against the transferor shall be extinguished due to the grant of
Therefore, a subsequent suit of objection filed against a transferor is unlawful as there is no benefit of protection of rights, because it is filed against a non-qualified person, or seeks to exclude executive force of executive titles already extinguished.
(see, e.g., Supreme Court Decision 2005Da23889, Feb. 1, 2008). In relation to the instant case, the Defendant transferred claims based on the instant judgment to C, and notified the Plaintiff of the assignment of claims on May 22, 2015. Since C was granted the succeeding execution clause against the instant judgment, the granting of the succeeding execution clause became extinct.