logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원동부지원 2017.11.22 2017가단7790
청구이의
Text

1. Of the instant lawsuit, the Defendant’s Busan District Court’s Busan District Court Branch Branch Decision 201Hu12809.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

3. There is no benefit to seek non-permission of compulsory execution by filing a lawsuit of demurrer after compulsory execution based on the executive title of the claim regarding the part of the lawsuit of this case has been completed as a whole after the creditor satisfy has been satisfied (see, e.g., Supreme Court Decision 96Da52489, Apr. 25, 1997). In a case where compulsory execution against a part of the amount on executive title is terminated, there is no benefit to the lawsuit demanding non-permission of compulsory execution by filing a lawsuit of demurrer, and the propriety of the claim of this case shall be examined only for the part on which the execution has not been completed.

(See Supreme Court Decision 2013Da82043 Decided May 29, 2014). According to the overall purport of Gap evidence Nos. 1 through 3 (including each number) and the whole pleadings, it can be acknowledged that the defendant received a claim seizure and collection order from the Korean National Bank Co., Ltd. on June 9, 2017, based on the payment order of the acquisition money case from the defendant's Busan District Court Branch Branch of Busan District Court 201Hu12809 against the plaintiff, and accordingly, collected KRW 1,066,951 from the defendant bank on June 9, 2017. Thus, compulsory execution against the part is already terminated, and therefore, the plaintiff has no interest in filing a lawsuit seeking the denial of compulsory execution against that part by filing an objection to the claim.

Therefore, this part of the lawsuit is unlawful.

arrow