청구이의
1. The Incheon District Court Branch Decision 2006 delivered on March 24, 2006 against the plaintiff of defendant D was based on Gohap 271.
1. Basic facts
A. On March 24, 2006, the Defendants filed a lawsuit against the Plaintiff for a loan claim and filed a judgment on March 24, 2006, “the Plaintiff shall pay to the Defendants each of the KRW 130,000,000 and the amount calculated by the rate of 20% per annum from January 21, 2006 to the date of full payment” (hereinafter “the judgment of this case”). The above judgment became final and conclusive around that time (hereinafter “the Defendants’ above judgment claim”). The Plaintiff filed an application for immunity and immunity with the Seoul Central District Court around 2013 (the lower court’s 12754, 12754, 2013, 12754). The decision of immunity became final and conclusive on May 26, 2014 (hereinafter “the above decision”).
The plaintiff did not enter the claim of this case in the creditor list at the time of the above bankruptcy and exemption.
[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 5, the purport of the whole pleadings
2. The Plaintiff’s assertion was aware that the Defendants received dividends and did not enter the instant claim in the creditors’ list, but did not omitted in bad faith, with the knowledge that the instant claim was extinguished in the auction procedure for the Sung-gu E Building F (hereinafter “instant housing”) Sungnam-gu, Seongbuk-gu, Sungnam-si, the Plaintiff owned by the Plaintiff.
Therefore, since the claim of this case was also exempted from immunity according to the decision of immunity of this case, compulsory execution according to the decision of this case should be dismissed.
3. Determination
A. Judgment deeming the confession of a claim against Defendant D (Articles 208(3)2 and 150(3) of the Civil Procedure Act)
B. The “claim 1 against Defendant C” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act refers to the “claim which is not entered in the list of creditors in bad faith” refers to the obligor, even though he knows the existence of the obligation against the obligee before immunity is granted, is not entered in the list of creditors.