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(영문) 서울북부지방법원 2015.04.08 2014가단103173
청구이의
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

We examine the legitimacy of the instant lawsuit.

The plaintiff asserts that the claim under the Seoul Northern District Court Decision 2012Kadan21130 against the plaintiff does not exist because the claim has already been extinguished, and the plaintiff is not allowed to enforce compulsory execution based on the above judgment.

After compulsory execution based on executive title has been completed as a whole, there is no benefit to seek the denial of compulsory execution by filing an objection (see, e.g., Supreme Court Decision 2013Da82043, May 29, 2014). Since the Defendant’s compulsory execution by receiving dividends from the Plaintiff’s real estate joint auction procedure based on the above judgment was completed, the Plaintiff has no benefit to seek the denial of compulsory execution by filing an objection to the said judgment.

Therefore, the instant lawsuit is dismissed as it is unlawful.

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