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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
The Plaintiff asserts that the Defendant received a claim seizure and collection order from this court under this Court No. 2012TTT 1387 based on each executory deed stated in the purport of the claim, and received a total of KRW 38,106,115 in each distribution procedure, and received a dividend of KRW 38,106,115 from this court, and that the Defendant’s claim against the Plaintiff was fully repaid, and that the Defendant rejected compulsory execution based on each of the above notarial deeds.
However, ex officio, it is apparent that the Defendant, the obligee, has already satisfied as a result of termination of compulsory execution based on the above notarial deed as to the legitimacy of the instant lawsuit, and it is apparent that the Plaintiff had already been satisfied. As such, there is no benefit to seek non-permission of compulsory execution by filing an objection to the claim.
(See Supreme Court Decision 96Da52489 delivered on April 25, 1997). Therefore, the instant lawsuit is unlawful, and thus, it is dismissed.