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(영문) 서울고등법원 2015.05.15 2014나2010647

강제집행무효

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1. All appeals by plaintiffs (appointed parties) and plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiff (Appointed Party) and the Plaintiff.

Reasons

1. The reasoning for the court’s explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except for the following addition, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The addition;

A. Under Section 6 of the judgment of the court of first instance, the plaintiff (appointed party) and the plaintiff asserted that, at the time of the enforcement of this case, the above compulsory execution should be unlawful and invalid because the name of the executing agent is omitted, although the above K's name should be stated in the column of delegation of the certificate of real estate delivery and the report of real estate delivery in accordance with Article 495 of the Administrative Rules of the Supreme Court and Article 866-2 of the Rules of the Supreme Court's judgment, if K appeared as an agent of the creditor at the time of compulsory execution of this case, the plaintiff (appointed party) and the plaintiff presented the identification card and resident registration certificate to the execution officer to confirm that the agent is the office clerk, and it was prepared to prevent any delegation of compulsory execution to the execution officer based on forged title by having the attorney's name, resident registration number and office serial number together with the name of the delegated person of various books. Thus, the compulsory execution of this case's attorney-at-law as an agent at the time of compulsory execution of this case is omitted.

Therefore, the plaintiff's above assertion is without merit.

Furthermore, at the time of the enforcement of this case, the Plaintiff (Appointed Party) and the Plaintiff, even if they were prepared by the enforcement officer in a computer at a place other than the execution site, in the field of execution.