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(영문) 서울고등법원 2015.12.24 2015나2021804
승계집행문부여에 대한 이의
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons why the court should explain in this judgment are as follows: (a) part of the reasoning of the judgment of the court of first instance shall be cited as “paragraph (2)”; and (b) the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment of the plaintiff as “paragraph (3)” under the following subparagraphs; and (c) thereby,

2. Parts to be dried;

A. Article 20 of the judgment of the court of first instance provides that "a delivery of succeeded execution clause may be recognized in granting the succeeding execution clause, and the Civil Execution Act provides that "a delivery of succeeded execution clause may be recognized in granting the succeeding execution clause," and as recognized earlier, insofar as the procedure for compulsory auction of this case was already in progress at the time the defendant was issued the succeeding execution clause pursuant to B at the time of the issuance of the succeeding execution clause, the above succeeding execution clause and the certificate thereof, which are the requirements for commencing compulsory execution pursuant to the succeeding execution clause, shall not be necessarily required, and it is sufficient that the junior administrative officer, etc. notifies the purport thereof (in cases where the applicant creditor is succeeded after the commencement of compulsory execution pursuant to Article 23 and Article 23 of the Rules of Civil Execution) (1) of the Civil Execution Act, if the successor applies for the continuation of compulsory execution on his behalf, the original copy of the execution clause attached to the Civil Execution Act shall be submitted. (2) If the enforcement officer or the execution officer submitted pursuant to paragraph (1) of this case, it is difficult to notify the plaintiff of such purport."

B. Of the first instance judgment, the first instance court’s decision No. 4-5 is “.”

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