beta
(영문) 창원지방법원 통영지원 2017.02.02 2016가단26234

청구이의

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Determination on the defense prior to the merits

A. The registration of the establishment of chonsegwon prior to the Defendant’s merits is not subject to a lawsuit for objection.

B. Determination 1) A lawsuit seeking an objection is unlawful to seek a non-permission of individual enforcement acts already executed, seeking the exclusion of the executory power of a title of debt (see, e.g., Supreme Court Decision 71Da1008, Dec. 28, 1971). 2) In order to suspend an auction procedure for exercising a security right to real estate, an objection against a decision on commencement of auction pursuant to Article 603-3(1) of the former Civil Procedure Act (amended by Act No. 6626, Jan. 26, 2002) shall be filed, and a lawsuit seeking a suspension of execution equivalent to Article 484(2) may be filed pursuant to Article 603-3(2) and the progress of the procedure may be suspended with an order for suspension of execution equivalent to Article 507 of the same Act, and a lawsuit seeking a non-permission of direct auction shall not be filed.

The instant lawsuit is unlawful, not by a lawsuit seeking an exclusion of executive titles based on an objection arising in respect of a claim indicated in executive titles, pursuant to Article 3684 of the Civil Act (see Supreme Court Decision 2002Da43684, Sept. 24, 2002).

2. As such, the instant lawsuit is dismissed as it is unlawful.