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(영문) 서울동부지방법원 2019.05.07 2019가단102162
집행문부여의 소
Text

1. The Seoul Eastern District Court Decision 2012Gaso2152434 decided on the acquisition amount between Nonparty D and the Defendant.

Reasons

1. If the purport of the entire argument is added to the evidence Nos. 1 through 3 of the judgment as to the cause of the claim, it can be acknowledged that D, a limited liability company, filed a lawsuit against the Defendant for the transfer of the claim amount against the Seoul Eastern District Court 2012Gaso2152434, which was sentenced by the claimant on September 27, 2012; D, a limited liability company, transferred the above claim against the Defendant on July 31, 2013; the Plaintiff sent the above notice of the transfer to the Defendant on behalf of the transferor on August 8 and 12, 2018; the fact that the notice of the transfer of the claim was not delivered to the Defendant on January 21, 2019.

According to the above facts, the junior administrative officer, etc. of this court shall grant the execution clause for compulsory execution to the plaintiff proved to be the successor of the creditor indicated in the judgment.

2. The defendant's assertion argues that the defendant cannot respond to the plaintiff's claim since the claim recognized in the final judgment was a claim arising from a fraudulent transaction by the third party's identity theft.

A lawsuit for grant of execution clause under Article 33 of the Civil Execution Act is brought for the grant of execution clause by judgment, by asserting and proving that, in cases where a creditor is unable to prove matters to be attested by a certificate for the grant of execution clause, the creditor is subject to the restriction on the method of proof, and the executory power based on such a reason exists. Thus, the subject of examination shall be deemed to have been subject to the requirements for grant of execution clause, including the fulfillment of conditions or the fact

However, since the circumstance mentioned by the defendant raises an objection against the claim indicated in the executive title, it is not possible to make an appeal against the previous judgment or bring an objection against the claim, and it is therefore without any need to examine further.

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