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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by each person;
Reasons
Defendant C Co., Ltd. has an executive title in Seoul Western District Court Decision 2014Gaso36171 Decided April 4, 2014, and Defendant B Co., Ltd has an executive title in Seoul Central District Court Decision 2016Gaso782 Decided May 16, 2017 with respect to the Plaintiff.
(C) The Plaintiff filed a motion to confirm the exemption of liability in accordance with each of the above judgments, on the ground that the obligation under each of the above judgments was not entered in the list of creditors in bad faith at the time of bankruptcy and exemption from liability with the Suwon District Court 2017Da3449 and at the time of bankruptcy and exemption from liability.
However, a claim objection suit against a creditor with executive title should be filed to exclude executive force of executive title, and it is unlawful to seek the confirmation of exemption from the claim as there is no benefit of confirmation.
Since the lawsuit against Defendant B can be changed to the lawsuit of objection, it is examined whether the immunity decision has the effect.
In the above 2016Gapo76782 transfer money, the execution officer of Suwon District District Housing Site Costs served a duplicate of the complaint and a written guidance for lawsuit on February 24, 2017 on the Plaintiff at Pyeongtaek-si E (not being served instead of the Plaintiff’s assertion). The Plaintiff received the application for immunity and bankruptcy with the Suwon District Court on September 19, 2017, and the fact that the Plaintiff received the application for immunity and bankruptcy is significant in this court.
In light of the above, even if the plaintiff's assertion that he received a mental and medical treatment around that time is acknowledged, it is difficult to recognize that he was unaware of the existence of the claim at the time of exemption, and thus, it cannot be deemed that
On the other hand, the lawsuit of demurrer against the claim filed by the defendant C (the succeeding intervenor D) against the 2014 Ghana36171, which is the executive title of the defendant C (the succeeding intervenor D), is under the exclusive jurisdiction of the Seoul Western District Court, and the plaintiff has filed a lawsuit of objection with the above court, and the court may not examine it.