(영문) 광주지방법원 2020.01.23 2019가단2501

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(영문) 광주지방법원 2020.01.23 2019가단2501

청구이의

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1. The plaintiff's lawsuit against the defendant shall be dismissed.

2. The plaintiff's claim against the defendant succeeding intervenor is dismissed.

3...

Reasons

1. Basic facts

A. On March 15, 2007, the Korea Asset Management Corporation filed a lawsuit against D against Gwangju District Court 2006Kadan92955, and was sentenced by the above court to the Korea Asset Management Corporation to pay KRW 43.5 million and its delay damages (hereinafter “instant judgment”). The above judgment became final and conclusive around that time.

B. D’s death on December 21, 2017 (hereinafter “the deceased”), the deceased’s spouse E, the Plaintiff and F, who are the deceased’s children, have succeeded to the deceased’s property.

C. On July 26, 2018, the Defendant was granted an execution clause succeeding to the instant judgment.

On August 8, 2019, the Defendant transferred the foregoing judgment claim to the Defendant’s succeeding Intervenor, and on October 4, 2019, sent a notice of assignment to the Plaintiff.

E. On November 18, 2019, the Defendant’s successor succeeded execution clause was granted to the instant judgment.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, Eul evidence Nos. 1, 6, 8, and 9, the purport of the whole pleadings

2. Although the Defendant submitted a written withdrawal from a lawsuit to this court on November 15, 2019, the Plaintiff did not consent to the withdrawal of the lawsuit by the Defendant, and the withdrawal of the lawsuit does not apply to the withdrawal of the lawsuit. Therefore, the effect of withdrawal from the lawsuit does not occur.

Meanwhile, in cases where a claim on the title of execution meets the requirements for setting up against the assignee, the standing to be a party to the execution shall be changed to the transferee, and the transferee becomes a transferee according to the fact that the transferee obtains the succession execution clause, and thus the existing executive titles against the transferor shall be extinguished due to the grant

Therefore, the lawsuit of objection filed against the transferor is unlawful because it is filed against the non-party who is not the defendant, or seeks to exclude the executive force of the executive title which has already been extinguished, because there is no benefit of protection of rights.

3. Determination as to the claim against the defendant succeeding intervenor

유사 판례

-광주지방법원 2020.01.23 2019가단2501

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