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(영문) 의정부지방법원고양지원 2019.01.24 2018가단85262
청구이의
Text

1. The defendant's High Court's High Court's High Court's High Court's Decision 2005Ga322 decided July 22, 2005 is based on the defendant's High Court's High Court's Decision.

Reasons

1. On January 5, 2005, the defendant filed a lawsuit against the plaintiff, non-party C, D, and E (No. 2005Gadan322) at the Jung-gu District Court Goyang branch on the ground of the claim. On July 22, 2005, the court rendered a judgment in the above case "the plaintiff, the defendant C, and the defendant D are 18,33,333 won respectively, the defendant C, and the defendant Eul were 18,3333 won per annum, and the defendant C and the defendant E were 18,3333 won per annum, and the above money was 18,33,333 won per annum from July 26, 2003 to May 10, 2005, the defendant D were 205 to June 24, 2005, and the defendant Eul was 15% per annum until 205% per annum of each of the above parties' arguments against the plaintiff."

According to the above facts, since 10 years (Article 165(1) of the Civil Act) have elapsed from the date when the judgment of this case became final and conclusive to the date of the closing of argument of this case, the claim established by the judgment of this case has expired after the expiration of the extinctive prescription.

Therefore, barring any special circumstance, compulsory execution based on the judgment of this case against the plaintiff should be denied.

2. On February 21, 2006, the Defendant’s defense was suspended by executing a seizure execution of corporeal movables owned by the Plaintiff on February 21, 2006, and the enforcement thereof was ordered to be withdrawn on April 25, 201 as the Defendant did not make an application for continuation. Thus, the Defendant asserted that the period of extinctive prescription of a claim based on the instant judgment should be deemed to be until April 24, 2021, and that the said claim is not yet extinguished.

In the instant case, the Defendant did so.

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