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(영문) 서울북부지방법원 2015.07.14 2015가단4792
청구이의
Text

1. The Defendant’s decision on November 19, 2012 on the Defendant’s execution cost determination against the Plaintiff and the Defendant’s decision on November 6, 2012 as to November 25, 2012.

Reasons

1. The fact that the Plaintiff: (a) designated the Defendant as the principal on February 3, 2015 and deposited the total amount of KRW 9,568,043 in excess of the amount of debt indicated in the respective executive titles as stated in paragraph (1) of the Disposition (hereinafter “each executive titles of this case”); (b) there is no dispute between the parties; and (c) there is no evidence to deem the said deposit null and void; and (d) compulsory execution based on the executive titles of this case

2. As to this, the defendant has already completed the compulsory execution procedure against the plaintiff, there is no benefit in the lawsuit of this case, or at least, since the lawsuit of this case constitutes abuse of the right of lawsuit, it is argued to the purport that the lawsuit of this case constitutes an abuse of the right of lawsuit, and thus, it cannot be deemed that the benefit in the lawsuit of this case is extinguished solely on the ground of the withdrawal of the application for compulsory execution in a lawsuit seeking exclusion of executive power. Moreover, it cannot be deemed that the lawsuit of this case constitutes abuse of the right of lawsuit, since each of the above arguments cannot be accepted

(However, applying Article 99 of the Civil Procedure Act, Article 99 of the Civil Procedure Act, ordering the plaintiff to bear the costs of lawsuit in full). 3. Accordingly, the plaintiff's objection to the claim of this case is accepted and the provisional disposition of this court during the course of the lawsuit of this case is approved, but the costs of this case shall be borne by the plaintiff, taking into account the unique circumstances of this case

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