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(영문) 인천지방법원 2017.12.13 2017가단227461
청구이의
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Facts of recognition;

A. On June 27, 2014, the Plaintiff acquired Nonparty D from the Defendant, borrowed KRW 100,000,000 as premium, and issued to Nonparty C’s office No. 413 of the document No. 2014 document of the document No. 413 of the document No. 2014, a notary public’s office (hereinafter “notarial deed of this case”).

B. Based on the instant notarial deed, the Defendant requested the instant court to order the seizure and collection of the Plaintiff’s claims against the Plaintiff’s Dongbu Fire, Marine Insurance Co., Ltd., and the instant court rendered a decision to order the seizure and collection of each of the claims under No. 2014, 3945 ( November 5, 2014) and No. 2014, 34057 ( November 6, 2014).

C. On February 27, 2017, based on the instant notarial deed and each of the above claims seizure and collection orders, the Defendant collected KRW 30,092,701 deposited by the Plaintiff with the Incheon District Court gold No. 10069 in 2014, and on March 15, 2017, collected KRW 70,000 of the Plaintiff’s deposit claim against the Plaintiff’s Han Bank (Korean Exchange Bank prior to the change), and appropriated all of the above claims based on the instant notarial deed.

On the other hand, on May 12, 2017, the Defendant submitted an application for the cancellation of the attachment and renunciation of the collection order against the case of the seizure and collection order of the court 2014TTT 2014T 31994, and its execution was revoked. On July 17, 2017, the Plaintiff filed the instant lawsuit, and filed an application for the cancellation of the attachment and renunciation of the collection order with the court 2014TT 34057, which was the following day: (a)

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. Determination

(a) There is no benefit to seek non-permission of the compulsory execution by a lawsuit of demurrer any longer after the creditor obtains the satisfaction after the compulsory execution based on the executive titles has been completed as a whole;

(Supreme Court Decision 96Da52489 Decided April 25, 1997, and Supreme Court Decision 2013Da82043 Decided May 29, 2014). (B)

In light of the above legal principles, the instant lawsuit is lawful ex officio.

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