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(영문) 창원지방법원통영지원 2019.08.22 2019가단1861
청구이의
Text

1. The Defendant’s compulsory execution against the Plaintiff under the conciliation protocol of December 30, 209 against the Plaintiff is enforced.

Reasons

The fact that the plaintiff fully repaid the obligations under Paragraph (1) of this Article is not disputed between the parties, or is recognized by the evidence Nos. 1 and 2, and compulsory execution under the above protocol shall be dismissed.

(1) The defendant's assertion that there is no benefit in litigation or no claim is justified since he applied for compulsory auction under the above protocol. However, despite the defendant's withdrawal of the defendant's application for compulsory auction, the above argument by the defendant is not extinguished. Therefore, the plaintiff's claim of this case is justified, and it is so decided as per Disposition by the assent of all participating Justices.

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