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(영문) 서울중앙지방법원 2020.11.12 2020가단5127244
청구이의
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The cause of the claim is as shown in the annexed sheet;

2. In the lawsuit of demurrer against the standing to sue, the standing to sue is a person (in the case of this case, C) who is indicated as the debtor on the title of execution (in the case of this case, the payment order for the goods payment case between the defendant and C) and the person who is subject to executory power due to succession or other causes, and the plaintiff does not fall under that case.

In addition, if such a creditor satisfies the requirements for the exercise of creditor's subrogation right, he can file a lawsuit of objection against the creditor's subrogation right, but the plaintiff can not be seen as it.

Ultimately, the Plaintiff is not eligible to seek non-performance of compulsory execution based on the payment order in the Seoul Central District Court 2018 tea30726 Goods Sales Price Case between the Defendant and C.

3. The instant lawsuit is unlawful and thus dismissed.

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