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(영문) 수원지방법원 2016.07.14 2016가단515878
청구이의
Text

1. Of the instant lawsuit, the Defendant’s Branch Branch Branch of Incheon District Court 2016TTT 650 claims against the Plaintiff and seizure of claims against the Plaintiff.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

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

3. We examine ex officio the dismissed part of the instant lawsuit as to the legitimacy of the non-permission of compulsory execution based on the seizure and collection order.

Inasmuch as a lawsuit of demurrer is sought to exclude the executory power of a title of debt, it is unlawful to seek the denial of an individual enforcement act already executed.

(See Supreme Court Decision 71Da1008 delivered on December 28, 1971, etc.). This part of the lawsuit does not seek the exclusion of the executory power of the title of debt, which is an executory title, but rather seeks the denial of compulsory execution based on the instant claim attachment and assignment order, which is applicable to the individual executory act already executed, and thus is unlawful and dismissed.

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