청구이의
1. Of the instant lawsuits, the part demanding the denial of compulsory execution with respect to KRW 2,006,626 shall be dismissed.
2. The plaintiff.
1. Facts of recognition;
A. The Defendant filed a lawsuit against the Plaintiff on the claim for unjust enrichment with Seoul Southern District Court 2012 Ghana15612, and the said court rendered a judgment on April 12, 2013, that “the Plaintiff shall pay to the Defendant 2,500,000 won and interest rate of 20% per annum from March 24, 2013 to the date of full payment,” and the said judgment became final and conclusive around that time.
(hereinafter “instant judgment”). (b)
On May 28, 2013, the Defendant, based on an executory exemplification of the instant judgment, received the seizure and collection order against the Plaintiff’s deposit claims as Seoul Northern District Court 2013TTT9417, and collected KRW 2,006,626 around June 11, 2013.
[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings
2. Determination
A. Generally, in a case where compulsory execution based on executive titles has been completed as a whole and an obligee has already satisfied, there is no interest in a lawsuit seeking non-permission of such compulsory execution by filing an objection to the claim.
(See Supreme Court Decision 96Da52489 delivered on April 25, 1997). In addition, even if a compulsory execution against a part of the amount of an executive title is terminated, that part of the amount is no longer the benefit of a lawsuit seeking a non-permission of compulsory execution by means of a lawsuit demanding an objection, and such part is dismissed, and the propriety of the claim on the merits must be deliberated only on the part for which the execution has not yet been completed.
(See Supreme Court Decision 2013Da82043 Decided May 29, 2014). B.
The fact that the Defendant collected KRW 2,006,626 in the relevant seizure and collection procedure based on the instant judgment is as seen above.
Examining these facts in light of the legal principles as seen earlier, the Defendant, as the obligee, obtained the satisfaction of the above money due to the termination of compulsory execution on KRW 2,006,626, which was finally collected as above, among the claims based on the instant judgment.
As such, the plaintiff is an objection suit.