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(영문) 부산지방법원동부지원 2015.11.10 2014가단27243
청구이의
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The following facts are acknowledged according to the contents of Gap evidence Nos. 1 and 3 and the purport of the whole pleadings.

A. The defendant has monetary claims against the plaintiff in favor of the plaintiff in the claim suit, such as Busan District Court 2006Gahap2789, which was filed against the plaintiff.

B. The plaintiff is a member of the Busan Metropolitan Council B.

C. According to the above final judgment, the Defendant received a collection order for parliamentary activity expenses and claims for monthly allowances held by the Plaintiff against Busan Metropolitan City B, and filed a lawsuit claiming the collection amount against Busan Metropolitan City Branch of Busan District Court as Busan District Court Decision 201Da30378, and the said lawsuit was concluded by the final decision of recommending settlement (hereinafter “instant decision”) on September 17, 2012.

2. The Plaintiff’s assertion and judgment are not permitted to enforce compulsory execution based on the instant decision as a lawsuit of demurrer.

On the other hand, a claim objection lawsuit is a lawsuit seeking the exclusion of executive force with respect to a claim indicated in the executive title on the ground that the debtor raises an objection against the claim indicated in the executive title. A person who is indicated as the debtor in the executive title, his/her successor, or other person who is subject to executive force on his/her behalf by the cause is standing to sue. The title of execution for which the plaintiff seeks the exclusion of executive force is the decision of this case, and the person indicated as the debtor in the above decision is Busan Metropolitan City, and there are no other circumstances to view that the plaintiff is in the position to be subject to

3. As such, the instant lawsuit is unlawful, and it is so decided as per Disposition.

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