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(영문) 서울동부지방법원 2020.12.18 2019가단155784
청구이의
Text

1. Of the instant lawsuit, the part of the Plaintiff’s claim against Defendant C is dismissed.

2. As to the plaintiff, the defendant.

Reasons

1. The defendant of a lawsuit raising an objection to the determination on the legitimacy of the claim portion against the defendant C is not an issue as to whether the title of execution belongs to the present person, who is entitled to apply for compulsory execution based on the title of execution, such as a person indicated as a creditor or his successor, or the title of execution.

The recipient of each notarial deed for which the Plaintiff seeks compulsory execution or the person indicated as the creditor is Defendant B and D, and Defendant C succeeded to the status of creditor on each notarial deed as above, there is no evidence to deem that it succeeded to the status of creditor on each of the above notarial deeds. As long as the Plaintiff files the lawsuit of this case seeking the refusal of compulsory execution against Defendant B and D, the lawsuit against the Defendant C is unlawful as it is not a party qualification, or as

Therefore, this part of the lawsuit by the plaintiff is dismissed.

2. Judgment on the part of the claim against the defendant B and the bankrupt D's bankruptcy trustee Eul

(a) Indication of claims: The reasons for claims and the statement of the application for continuation of proceedings are as shown in the annexed sheet;

(b) Judgment on deemed confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

3. It is so decided as per Disposition in conclusion.

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