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(영문) 광주지방법원 순천지원 2018.11.15 2018가단6666
청구이의
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The Plaintiff asserted that, based on the notarial deed of promissory note No. 4563, 2002, the Defendant, based on the notarial deed of promissory note No. 4563, the notary public against the Plaintiff, the Plaintiff, was issued a decision to seize and collect the above promissory note No. 2018, 2018, 5042, and the said claim or the loan claim, which is the cause thereof, extinguished by prescription, and thus,

2. As a lawsuit of objection seeking ex officio determination on the legitimacy of the lawsuit of this case seeks to exclude the executory power of the name of the debtor, it is unlawful to seek non-permission of the act of execution of each individual execution already executed.

(2) In light of the above legal principles, the Plaintiff’s lawsuit of this case is unlawful in light of the above legal principles, since the Plaintiff did not seek the exclusion of executory power of a promissory note No. 1008, which is an executory power, but seeks the denial of compulsory execution based on the seizure and collection order of a claim corresponding to an individual executory act already executed.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the instant lawsuit is unlawful in accordance with the conclusion.

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