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(영문) 수원지방법원성남지원 2020.05.07 2019가단18197
청구이의
Text

The plaintiff's claim is dismissed.

The case of application for the suspension of compulsory execution of Suwon District Court 2019Kadan66 is considered to be the case.

Reasons

1. Basic facts

A. On April 10, 2019, the conciliation was concluded between the Defendant and Suwon District Court 2018Gadan22329, which was paid by the Defendant against the Plaintiff and the Suwon District Court 2018Gadan2329, and the conciliation protocol was prepared.

B. When the Defendant applied for a compulsory auction on the Plaintiff’s real estate and corporeal movables according to the above protocol of mediation and started the procedure, the Plaintiff filed a lawsuit of objection against the instant claim on October 14, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, purport of whole pleadings

2. The Plaintiff filed the instant lawsuit by asserting that compulsory execution based on the above conciliation protocol should not be denied, as the Plaintiff is expected to deposit both the amount of debt and the execution cost under the above conciliation protocol.

However, despite the court's order to prepare for the explanation of this case, the plaintiff did not submit a deposit document and other materials proving that the obligation under the conciliation protocol has been extinguished by the closing date of pleadings of this case, and there is no evidence to prove otherwise, the plaintiff's assertion is without merit

3. The claim of this case is dismissed on the ground that it is without merit.

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