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(영문) 수원지방법원 2015.11.18 2015가단3484
청구이의 등
Text

1. All of the plaintiff's claims are dismissed.

2. On the case of application for suspension of compulsory execution in 2015 Chicago127, this Court shall

Reasons

The fact that the Defendant received a final decision against the Plaintiff on the amount of litigation costs 2013Kao-1055, which became final and conclusive, and the fact that the Defendant was issued a decision to commence a compulsory auction against the Plaintiff by the Suwon District Court C, based on the above decision, is no dispute between the parties.

The plaintiff asserts that it is unlawful to enforce compulsory execution based on the judgment (which seems to refer to the determination of the above amount of litigation costs) that cannot be effective as a person who, as the current representative director of D, seized shares from the non-party E, who is the former representative director, without any grounds for the title trust of shares, as the representative director of D, and sought 3.5 million won of damages, which is five times the amount of compulsory execution due to non-performance of compulsory execution and mental suffering.

On the other hand, when the judgment becomes final and conclusive, the existence of the claim subject to res judicata becomes final and conclusive, and accordingly the executory power is generated.

However, even if the right is based on the final judgment, it should be exercised in good faith. Therefore, if enforcement based on the judgment constitutes abuse of rights, it cannot be permitted, and therefore, the enforcement obligor can seek the exclusion of enforcement by filing a claim objection suit.

However, in order to ensure that the contents of a final and conclusive judgment are contrary to the substantive legal relationship and the execution by the judgment constitutes an abuse of rights, considering all the circumstances such as the nature and contents of the right to become the executive title, the circumstances leading up to the establishment of the judgment and execution after the conclusion of the judgment, and the impact of the execution on the parties concerned, the execution by the final and conclusive judgment shall be deemed to be clearly unfair and unfair, and the execution by the other party shall be deemed to be unreasonable in social life in light of justice.

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