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(영문) 부산지방법원 2018.09.06 2018가단11646
청구이의
Text

1. The part concerning the claim for confirmation of discharge among the lawsuits in this case shall be dismissed.

2. The defendant's notary public against the plaintiff.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Articles 208(3)1 and 257 of the Civil Procedure Act: A judgment without holding any pleadings;

3. Where, notwithstanding the determination of a decision to grant immunity to a debtor with respect to dismissal, a claim is disputed as to which claim is non-exempt claim, in relation to a creditor who holds the title to claim with respect to the exempted obligation, the debtor's filing of a lawsuit of objection to claim and seek to exclude the executory force of discharge based on the effect of discharge becomes an effective and appropriate means to remove the infeasible and

Therefore, even in such cases, seeking the confirmation of immunity is unlawful because it is not a final resolution of dispute, and there is no benefit of confirmation.

(See Supreme Court Decision 2017Da17771 Decided October 12, 2017). Notarial deeds written in the purport of a claim are title of debt of this case pursuant to Article 56 Subparag. 4 of the Civil Execution Act, and the Plaintiff’s seek confirmation of exemption against the Defendant holding such title of title is not a final resolution of dispute, and thus, there is no benefit of confirmation.

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