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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On June 7, 2018, in the Cheongju District Court Decision 2017Da13564, Cheongju District Court Decision 2017Kadan13564, the judgment on May 15, 2018 that “the Defendant (the Plaintiff of this case) handed over the Plaintiff (the Defendant of this case) the real estate indicated in the separate sheet to the Plaintiff (the Defendant of this case)” was rendered (hereinafter “instant judgment”), and that judgment became final and conclusive on June 27, 2018.
B. On October 10, 2018, the Defendant applied for the execution of the instant judgment to the Cheongju District Court 2018No. 1183, and the Cheongju District Court enforcement officer of the Cheongju District Court had two witnesses and the Defendant participate in the public-private partnership in the public-private partnership C and the second floor in the public-private partnership in the public-private partnership zone in the public-private partnership zone in the public-private partnership zone in the public-private partnership zone, and transferred
【Ground of recognition】 The fact that there has been no dispute, Gap's evidence No. 14, the purport of the whole pleading
2. There is no benefit to seek non-permission of compulsory execution by an action of demurrer, after the creditor has satisfied as a whole a group of compulsory execution based on executive titles as to whether the lawsuit of this case is lawful has been completed.
(see, e.g., Supreme Court Decisions 96Da52489, Apr. 25, 1997; 2013Da82043, May 29, 2014). According to the above facts of recognition, since a compulsory execution under the Defendant’s executive title has already been completed, the Plaintiff has no interest in filing a lawsuit seeking the denial of compulsory execution by filing an objection to the instant claim.
3. As such, the instant lawsuit is unlawful and thus dismissed. It is so decided as per Disposition.