logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원순천지원 2019.01.29 2018가단5953
청구이의
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On October 27, 2016, the Defendant filed an application for payment order against B with the Gwangju District Court’s Net Branch 2016 tea3087, and the same court issued the payment order on October 27, 2016, and the said payment order was served on B on December 5, 2016 and became final and conclusive on December 20, 2016.

(hereinafter “instant executive titles”). B.

The Plaintiff received 100,000,000 won out of 3,50,000 won of the maximum debt amount, which was completed on October 25, 1995 as the ground of a contract to establish a mortgage on the establishment of a collective security right and the separate list of secured claims recorded in the separate list, which was completed by B on October 26, 1995 with respect to each real estate listed in the separate list, as the ground of the contract to establish a collective security right, which was completed by No. 12208 on October 31, 1995, as to each real estate listed in the separate list, on August 4, 1997; the Plaintiff received part of the collective security right on August 6, 1997 on the ground of partial subrogation of the confirmed claim; the Plaintiff received on August 26, 2017 as the same date on the ground of transfer on the same date; and the Plaintiff received on the ground of the entire transfer of claim No. 1665, Jul. 16, 20197. 20197.

2. We examine the legitimacy of the lawsuit of this case filed by the Plaintiff regarding the defense prior to the merits.

In a lawsuit of objection, a person qualified as a plaintiff is a person who is indicated as a debtor on his/her title as a debtor, his/her successor, or any other cause, and a creditor of such person who is executory power on his/her behalf (Article 25 of the Civil Execution Act), and the plaintiff is transferred the right to collateral security transferred to B by itself.

arrow