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(영문) 울산지방법원 2018.07.17 2018가단762

청구이의

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Whether there exists any interest in lawsuits following the completion of compulsory execution;

(a) there is no benefit to seek non-permission of compulsory execution by an action of demurrer after the creditor obtains satisfaction as a whole after compulsory execution based on executive titles has been completed as a whole;

(see, e.g., Supreme Court Decisions 96Da52489, Apr. 25, 1997; 2013Da82043, May 29, 2014). (B)

In this case, based on the enforcement title stated in the purport of the claim against the plaintiff, the defendant collected KRW 9,711,326, which is the whole claim of enforcement title, from January 22, 2018, based on the execution title of the claim against the plaintiff, 9,711,326, which is the whole claim of enforcement title, and completed the report, can be confirmed through the inquiry, etc. of this case by the court.

C. If so, the plaintiff has already completed compulsory execution based on the defendant's executive title, and there is no interest in the lawsuit to seek the denial of compulsory execution against the plaintiff's objection to the claim of this case.

2. The plaintiff's lawsuit of this case is dismissed as it is unlawful.