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(영문) 대전고등법원 2014.12.11 2014나2110
청구이의 등
Text

1. The judgment of the court of first instance is modified as follows.

Among the instant lawsuits, the Daejeon District Court against the Defendant’s Plaintiff.

Reasons

1. The judgment of the court prior to the remanding of the scope of the trial in this Court dismissed the part of the claim for confirmation of existence of the obligation among the instant lawsuit, and cited all the remaining appeals of the Plaintiff.

As to this, the defendant filed an appeal, and the Supreme Court reversed the part against the defendant in the judgment of the court prior to remand, and remanded that part of the case to this court.

Therefore, since the remaining part except the reversed and remanded part is separated and confirmed by the judgment of remand, the scope of the judgment of this court is limited to the reversed and remanded part.

2. The reasoning of the judgment of the court of first instance as to this case is the same as that of the corresponding part of the judgment of the court of first instance (excluding the part which was separated from the judgment of the court of first instance) except for the part which is added or dismissed as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article

3. In a case where compulsory execution was completed on 20th day after the 11th day of the 20th day following the addition of the following items, there is no benefit to seek the denial of compulsory execution by a lawsuit of demurrer against execution (see Supreme Court Decision 96Da52489, Apr. 25, 1997), and there is no benefit to bring an action against the grant of execution clause until compulsory execution is completed, and there is no benefit to bring an action against the completion of compulsory execution after compulsory execution is completed (see Supreme Court Decision 2002Da64810, Feb. 14, 2003) with respect to a lawsuit of demurrer against a claim and a lawsuit of demurrer against the grant of execution clause based on enforcement title, and compulsory execution with respect to KRW 284,82,121, as a whole upon the conclusion of the judgment of this case, with respect to KRW 284,121,00,000 upon the completion of compulsory execution, with respect to KRW 281,21215,21294 and7.

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