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(영문) 의정부지방법원남양주시법원 2019.11.07 2019가단160
청구이의
Text

1. The Defendant’s decision on the loan case is based on the 2018 Ghana District Court Decision 2018Gau23245.

Reasons

The filing of a lawsuit against the deceased is contrary to the basic principles of the Civil Procedure Act requiring the rescue of the plaintiff and the defendant, and thus, the substantial litigation relationship cannot be established, and thus, the judgment of the first instance was rendered in such a state

Even if the ruling is valid, the ruling is void automatically.

(See Supreme Court Decision 2016Da274188 Decided May 17, 2017, etc.). The Defendant filed a lawsuit against C on October 5, 2018 against the Namyang District Court of the Republic of Korea (2018Gau23245), and the Defendant was rendered a favorable judgment by public notice on March 14, 2019 and became final and conclusive on April 5, 2019; the Plaintiff is the heir of C; the Defendant is proceeding with compulsory execution by obtaining an execution clause by succession to the Plaintiff; however, it is recognized that C died on August 22, 2018, which was before the Defendant files a lawsuit.

Therefore, the judgment on the loans case rendered by the defendant in favor of the defendant in favor of the defendant in the Jungyang-si District Court in favor of the defendant in favor of the defendant in favor of the defendant in favor of the defendant in favor of the defendant in favor of the defendant in favor of the defendant in favor of the 2018

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