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(영문) 제주지방법원 2015.02.06 2014가단4780

청구이의

Text

1. The Defendant’s Jeju District Court 2014 tea769 against the Plaintiff is denied compulsory execution based on the payment order.

2. This.

Reasons

1. The indication of the claim: The defendant's executive title stated in the order against the plaintiff was transferred to the plaintiff of "C" a claim of 298,000 won against the plaintiff of "C" on August 12, 1994; however, the plaintiff did not purchase the above Kameras; even if it is not so, the above claim has expired after the short-term extinctive prescription period of three years. Thus, the plaintiff's obligation against the defendant is not nonexistent.

Nevertheless, based on the above enforcement title, the Defendant received the seizure and collection order as to the Plaintiff’s deposit claim by the Jeju District Court 2014TTT1527, and collected KRW 1,480,291, which is a part of the claim.

Therefore, the Plaintiff seeks to return the above collection amount as unjust enrichment along with the exclusion of the executory power of the above executive titles.

2. Judgment made by deemed confession (Article 208 (3) 2 of the Civil Procedure Act).