청구이의
1. The Daejeon District Court 2008Na14143, among the instant lawsuits, rejected compulsory execution based on the judgment on the penalty for breach of contract.
1. The description of the grounds for the claim shall be as specified in the attached Form;
2. Articles 208 (3) 1 and 257 of the Civil Procedure Act of the applicable provisions of Acts;
3. On the grounds of partial dismissal, we examine the legality of the part of the instant lawsuit seeking non-permission of compulsory execution based on the judgment of the Daejeon District Court 2008Na14143, which is the penalty for breach of law.
A lawsuit of demurrer is recognized as an enforcement title (Article 44 of the Civil Execution Act). The judgment of the above appellate court (Article 44 of the Civil Execution Act) has partially cancelled the judgment of the first instance court and dismissed the defendant's claim corresponding to the revoked part, and the remaining appeal can not be an enforcement title as a judgment dismissing the appeal. The judgment of the court of first instance has not been cancelled as an enforcement title.
Therefore, the part seeking the non-permission of compulsory execution based on the above appellate judgment is illegal as it is against the judgment that is not subject to a lawsuit of demurrer, and thus, it is dismissed.