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(영문) 서울고등법원 2017.07.19 2016나2086815
집행문 부여에 대한 이의
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for this case is as follows, except for the addition and modification as follows, the court cites this case as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Following the 4th page 12 of the first instance judgment, “each testimony of C, F, and H” was added to 5th 2-7 of the same 5th 12th son, and “each testimony of C, F, and H,” and the burden of proof as to the fact of succession in a lawsuit for objection to grant of the modified execution clause as follows is the Defendant, the obligee, who is the obligee (see Supreme Court Decision 2012Da11630, Jan. 29, 2015). In full view of each of the above facts, C, which acquired the first and second final judgment against the Plaintiff, and could not be actually used, can not be predicted at any time at the time when the collection of claims based on each of the above final judgment becomes final and conclusive due to a lawsuit with the Plaintiff’s side, etc., on behalf of the Plaintiff and the Defendant’s living expenses, constitutes a false indication of the transfer of claims in this case, and the evidence submitted by each of the Plaintiff constitutes a prior agreement or the transfer of claims under the Trust Act.

It is difficult to deem that the act is abused as a means of crime for the evasion of compulsory execution, and is contrary to the good faith principle, and there is no other evidence to prove otherwise.

2. If so, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed.

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