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(영문) 서울북부지방법원 2016.11.18 2016가단129872

청구이의

Text

1. On June 27, 2008, the Korea Asset Management Corporation (the defendant's transferor of claims) against the plaintiff of this court. < Amended by Act No. 8535, Jul. 27, 2008>

Reasons

1. Determination on both arguments

A. After the executive titles from the text of paragraph (1) (hereinafter referred to as “ executive titles of this case”) duly constituted, the Plaintiff’s bankruptcy and application for immunity was made at the Seoul Central District Court on September 20, 201 upon the Plaintiff’s bankruptcy and application for immunity, and the fact that the decision to grant immunity became final and conclusive on October 6, 201 is no dispute between the parties, and such circumstance constitutes an entity that may exclude the executive titles of this case (see, e.g., Supreme Court Order 2013Ma1438, Sept. 16, 2013), compulsory execution based on the executive titles of this case may not be permitted unless there are special circumstances.

B. As to this, the defendant's claim indicated in the executive title of this case is disputed to the purport that at the time the above immunity is granted, the plaintiff's claim is "a claim not entered in the creditor list in bad faith" and constitutes "non-exempt claim". However, there is no evidence to acknowledge this point. Thus, the defendant's argument that the defendant's claim is inside cannot be accepted.

2. According to the conclusion, the Plaintiff’s objection to the instant claim is justifiable, and thus, it is accepted as it is.