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(영문) 광주지방법원목포지원 2014.12.05 2014가단52672
청구이의
Text

1. The defendant's compulsory execution against the plaintiff is based on the original copy of the conciliation protocol in this court 201Ga12352.

Reasons

1. On the premise that the Plaintiff filed the instant lawsuit seeking the exclusion of executory power over the said protocol of mediation under the premise that the Plaintiff had fully performed its obligations under Articles 1 and 2 of the protocol of mediation (attached Form) against the Defendant, the Defendant fulfilled all of its obligations.

Even if it is related to the fulfillment of the condition, which is the requirement for granting execution clause, and it can be asserted as a lawsuit of objection against grant of execution clause, and it cannot be asserted as a lawsuit of objection against the claim of this case.

However, the issue of whether the condition, which is the requirement for grant of execution clause, is fulfilled or not, must be examined in a lawsuit of demurrer against the grant of execution clause or against the grant of execution clause related to the grant of execution clause. However, the claim indicated in the above protocol of mediation is obvious to order the obligor to perform the duty of commission. In such a case, the obligor may seek a final exclusion of enforcement power by asserting that the above claim has ceased to exist due to the completion of the performance of the duty of commission. Therefore, the Plaintiff has the interest in filing a lawsuit of demurrer.

Therefore, the above defense cannot be accepted.

2. Judgment on the merits

A. According to the main text of Paragraph (1) of Article 1 of the Adjustment Clause (1) (1) 2 through 6, 9 through 19, and the fact-finding with respect to the Hahn Military Agricultural Technology Center, considering the whole purport of the pleadings as a result of the on-site verification by this court, the Plaintiff’s person who intends to move the pine trees produced in an area other than the area prohibited from removal to another place is affixed with an approval seal for production verification by the head of the competent Gun, etc. for the purpose of protecting forest resources.

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