beta
Text
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
With respect to the benefit of protection of rights of the case ex officio.
The following facts are either in dispute between the parties or are significant in this Court:
1) On July 9, 2014, the Defendant filed a lawsuit claiming acquisition amount against the Plaintiff (Seoul Southern District Court 2012Kadan60194), and was sentenced to a judgment of the provisional execution ordering the Defendant to pay 84,00,000 won and 20% interest per annum to the Defendant during the period from September 13, 2012 to the date of full payment. On July 16, 2014, the Defendant received a decision of the commencement of compulsory auction against the Defendant’s real estate as Seoul Southern District Court C on July 16, 2014. (2) The Defendant filed an appeal with the Seoul Southern District Court 2014Na601942 as to the first instance judgment on July 16, 2014.
3) On February 24, 2015, the Plaintiff deposited KRW 126,104,080 (i.e., KRW 41,194,520 for delay damages up to the deposit date of principal amounting to KRW 84,00,00,00) with the Seoul Southern District Court Decision 943 in 2015, the Plaintiff deposited KRW 126,104,080 (i.e., KRW 41,194,520 for delay damages up to the deposit date of principal amounting to KRW 909,560). 4) The Defendant withdrawn the lawsuit on June 16, 2015, which was pending in the appellate court’s 2014Na52, and the Plaintiff submitted the written consent to
On the other hand, in a case where an objection is raised under the substantive law as to a claim indicated in the executive title, the debtor, who is the title holder of the executive title, claims it by means of a lawsuit and seeks to exclude the executive force of the executive title, and thus, all kinds of executive titles are allowed. However, in a case where the executive title is the judgment with a declaration of provisional execution, an appeal may be raised by the grounds for objection, a request for suspension of compulsory execution due to an appeal, or a lawsuit of objection after the judgment becomes final and conclusive, while the executive title is not final and conclusive, a lawsuit of objection may be filed by an appeal, or a lawsuit of objection after
In addition, the person who brought a lawsuit shall bring the lawsuit until judgment becomes final and conclusive.