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(영문) 서울남부지방법원 2020.01.15 2019가단256789
집행문부여의 소
Text

1. The Seoul Southern District Court Decision 2014 Ghana 495491 rendered a judgment in respect of the claim for acquisition amount between C and the Defendant.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment by public notice: Gu council members under Article 208 (3) 3 of the Civil Procedure Act.

1. The loan of the non-party C Co., Ltd. has the original claim against the defendant in the Seoul Southern District Court 2014 Ghana 495491.

2. On July 31, 2015, after the closure of pleadings at the fact-finding court, the Plaintiff succeeded to the title of the claim, which is the content of the above judgment, by acquiring the Defendant’s approval.

On July 31, 2015, C entered into an "asset acquisition agreement" and transferred it to Non-Party D, and D, on November 12, 2018, entered into an "asset acquisition agreement" and transferred its claim to the Plaintiff.

3. However, the defendant refused the plaintiff's above succession in order not to perform the above obligation, and the plaintiff asserts that it is impossible to apply for the grant of the execution clause since the plaintiff sent a notice of assignment of claims several times to the defendant's legitimate domicile.

4. Accordingly, the plaintiff is bound to bring the instant lawsuit against his successor to the non-party C as it is difficult to prove that the above succession was made to the court under the proviso of Article 31(1) of the Civil Execution Act or that it was difficult to prove his succession by a certificate.

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