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(영문) 서울중앙지방법원 2021.03.26 2020가단5274607
청구이의
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

We examine the legitimacy of ex officio a suit.

As a whole, there is no benefit to seek non-permission of compulsory execution by filing a lawsuit of demurrer after compulsory execution based on the source of enforcement right has been completed as a whole and the creditor has received satisfaction (see Supreme Court Decision 2013Da82043, May 29, 2014). In full view of the written evidence No. 2 and the purport of the whole pleadings as to the statement No. 2043, Dec. 14, 2020, the fact that the delivery execution of real estate indicated in the order of the above judgment (Seoul Central District Court D) was completed by the Seoul Central District Court Decision 2018Da512733, Dec. 14, 2020. Thus, the plaintiff has no benefit to seek non-permission of compulsory execution by filing a lawsuit of demurrer against a claim.

If so, the lawsuit of this case is unlawful and dismissed.

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