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(영문) 인천지방법원부천지원 2019.04.10 2019가단12697
추심이의
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

In a case where the defects are not corrected due to an illegal lawsuit, the lawsuit may be dismissed by a judgment without holding any pleadings (Article 219 of the Civil Procedure Act). The plaintiffs, based on the decision of performance recommendation with executory power in the loan case 2018Gau2284, the court of this case, where the defendant filed a motion against the debtor by the defendant for the refusal of compulsory execution pursuant to the seizure and collection order of claims against the debtor, but the debtor cannot seek the exclusion of specific execution act (see, e.g., Supreme Court Decision 92Da10883, Oct. 27, 1992). The plaintiffs maintain the purport of the request even in several orders of correction, and the fact that the defendant filed a motion for cancellation and renunciation of the above seizure and collection order of claims by the defendant is obvious on the plaintiffs' assertion, so this case is an improper lawsuit and it cannot be corrected as it is impossible to correct the defects.

Therefore, it is so decided as per Disposition by the assent of all participating Justices on the instant lawsuit without holding any pleadings on the instant case.

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