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(영문) 대전지방법원서산지원당진시법원 2020.12.10 2020가단66
청구이의
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The gist of the Plaintiff’s assertion is that the Defendant’s claim attached as the Seosan Branch of the Daejeon District Court, 2016Gau21558, Seosan Branch of the Daejeon District Court based on the original copy of the judgment in the claim for reimbursement amount case No. 2016Gau21558, falls under the entirety of the above apartment residents, not the Plaintiff’s individual claim but the joint fire insurance purchased as the representative of the residents of the D apartment, and thus, the compulsory execution of the claim for the seizure and collection order against the Daejeon District Court, Seosan Branch of the Daejeon District Court, 2017Gau50660, based on the above judgment, should be denied.

2. A lawsuit of demurrer against ex officio determination as to the legitimacy of a lawsuit is a lawsuit seeking the exclusion of executive titles’ general executory power, and a lawsuit of demurrer against an ex officio determination as to the legitimacy of a lawsuit is unlawful, since not only a claim seeking the exclusion of executive titles themselves, but also a claim seeking the exclusion of an individual executory power, and a claim seeking the exclusion of an individual executory power. As such, a lawsuit seeking the exclusion of an individual executory power is unlawful.

(2) In light of the Plaintiff’s assertion and purport of the claim, the instant lawsuit is not a claim for exclusion of general executory power of the judgment rendered by the Seosan District Court of Daejeon District Court 2016Gaso21558, but rather a claim for exclusion of individual executory power based on the above executory power. As such, the instant lawsuit is unlawful, given that it is apparent that it seeks exclusion of individual executory power based on the above executory power.

3. The instant lawsuit is dismissed.

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