2016Da205717 Lawsuit of demurrer against grant of execution clause of succession

Limited Partnership Company

Seobol vocational school in the draft of the Foundation Act;

Daejeon High Court Decision 2015Na13063 Decided January 13, 2016

May 26, 2016

The judgment of the court below is reversed.

The judgment of the first instance is revoked and the lawsuit of this case is dismissed. All costs shall be borne by the plaintiff.

Judgment ex officio is made.

A lawsuit of demurrer against the grant of an execution clause may be brought after the execution clause is granted until the compulsory execution is completed (see, e.g., Supreme Court Decision 2002Da64810, Feb. 14, 2003).

According to the records, it can be known that compulsory execution based on the instant succeeding execution clause has already been terminated on February 15, 2016, and thus, the instant lawsuit is unlawful as there is no benefit of lawsuit.

Therefore, without further proceeding to decide on the grounds of appeal, the judgment of the court below is reversed. Since this case is sufficient to directly decide on the grounds of appeal, the judgment of the court of first instance is revoked and the lawsuit of this case is dismissed. The total costs of the lawsuit are to be borne by the plaintiff. It is so decided as per Disposition by the assent

Justices Park Sang-ok

Justices Awards and decorations.

Justices Kim Chang-tae, Counsel for the defendant

Justices Cho Jong-hee.