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(영문) 전주지방법원군산지원 2015.02.03 2014가단8191
소유권이전청구권가등기말소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

ex officio, we examine the legitimacy of the instant lawsuit.

The Plaintiff filed a lawsuit for the claim for the return of membership fees with this Court No. 2014Gahap668 against Mana Tourism Development Co., Ltd., and received a favorable judgment. On December 15, 2014, the Plaintiff asserted that the original copy of the said judgment was granted a succeeding execution clause to the Defendant, and sought the payment of the said judgment amount against the Defendant.

Plaintiff’s assertion

Even if the defendant is dissatisfied with the grant of the succeeding execution clause, the plaintiff can bring an objection against the grant of the succeeding execution clause or the lawsuit of objection against the grant of the succeeding execution clause. Thus, the lawsuit in this case is unlawful as it does not have a direct solution to the dispute over the execution procedure, since it does not have a direct solution to the dispute over the execution procedure.

[Judgment of the court below] The plaintiff asserted that the defendant exempted the defendant from the obligation to return the membership fee on February 18, 2014, and sought the return of the membership fee to the defendant, but there is no other evidence to acknowledge the fact that the defendant assumes the obligation to return the membership fee on February 18, 2014, and there is no other evidence to acknowledge the fact that the defendant assumes the obligation to return the membership fee. Thus, the lawsuit of this case is unlawful and dismissed.

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