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(영문) 서울중앙지방법원 2017.12.21 2017가단78385

청구이의의 소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Ex officio determination on the legitimacy of the lawsuit

A. The Plaintiff’s assertion is the Seoul Central District Court’s rejection of compulsory execution based on the original copy of the payment order in December 20, 2016.

B. (1) A lawsuit of demurrer may be brought by an action of demurrer based on the obligee’s subrogation right on behalf of the obligor indicated in the title of execution as the obligor, the person entitled to executory power on behalf of the obligor due to the succession of the obligation, or other reasons.

(2) In light of the above legal principles, the Plaintiff’s obligor of the payment order in the Seoul Central District Court case No. 2016 tea5891, Dec. 20, 2016, which is the executive title that seeks the exclusion of executive force in the instant case, can be acknowledged as the debtor of the said payment order, and the Plaintiff is not the debtor of the said payment order, and the evidence submitted by the Plaintiff alone is insufficient to recognize that the Plaintiff is a creditor of the said incorporated association or a person who is subject to executive force on behalf of the said incorporated association, and there is no other evidence to prove otherwise.

(3) Therefore, the plaintiff does not have standing to sue to file a suit for objection to the claim of this case.

2. Therefore, the Plaintiff’s lawsuit of this case is dismissed as it is unlawful.