(영문) 대전지방법원 2020.06.10 2019가단6352

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(영문) 대전지방법원 2020.06.10 2019가단6352

청구이의

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Of the instant suit, this Court dismissed the suit of demurrer against a Claim for Compulsory Execution No. 2019da13268.

2. The defendant.

Reasons

1. We examine ex officio the lawfulness of the instant lawsuit, among the instant lawsuit, the instant judgment on safety.

Since the above lawsuit was filed in duplicate as the same lawsuit after the lawsuit of objection was filed by this Court 2019da6352, the subsequent lawsuit is unlawful as it violates the principle of prohibition of duplicate lawsuit.

2. Determination as to the cause of the claim of this Court 2019Kadan6359

A. The facts of recognition 1) The Daejeon District Court 201Gadan22321, which the Defendant filed against the Plaintiff, sentenced on December 22, 2017, that “the Plaintiff shall pay to the Defendant KRW 7.5 million and the amount calculated by the annual rate of KRW 5% from November 1, 2017 to December 22, 2017, and the annual rate of 15% from the next day to the day of full payment,” which became final and conclusive around that time (hereinafter “the final and conclusive judgment of this case”). The Defendant filed an application for compulsory auction of real estate in the Daejeon District Court C, based on the final and conclusive judgment of this case with executory force around March 7, 2019.

[Ground] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

B. 1) According to the statement of evidence No. 15 and the purport of the entire pleadings, the Plaintiff may acknowledge the fact that the Plaintiff deposited the amount of 10,831,848 won of the final and conclusive judgment of this case on July 18, 2019. As such, the obligation of the final and conclusive judgment of this case was entirely extinguished by the deposit for repayment. 2) Since compulsory execution based on the final and conclusive judgment of this case with executory power is not permissible, the Plaintiff’s claim

(A) The Plaintiff’s selective claim that the Defendant acquired the final judgment of the instant case by fraudulent act as long as the obligation was extinguished due to deposit, is not determined separately. 3. Conclusion, the Plaintiff’s selective claim among the instant lawsuit is dismissed, and this Court decides to accept the Plaintiff’s claim in this Court Decision 2019No6359.

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