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(영문) 창원지방법원 2017.04.25 2016나7474
승계집행문부여에 대한 이의
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows: (a) the Defendant’s “Defendant” in the 5th page No. 5 of the first instance judgment is modified to “Plaintiff”; and (b) the reasoning of the first instance judgment is the same as that of the part on the grounds of the first instance judgment, except for the addition of the lower judgment, thereby citing it as it is in accordance

2. Additional matters to be determined

A. The Plaintiff’s assertion is a case where the execution condition is attached to the instant protocol, and thus, the execution clause should be granted only when the Defendant proves the fulfillment of the condition, and the execution clause was granted without such proof, and thus, is unlawful.

Therefore, compulsory execution according to the protocol of mediation with executory power based on the execution clause of this case should be denied.

B. Relevant legal doctrine 1) Conditions related to grant of execution is larger than the concept under the Civil Act, and is a concept that includes any fact that is to prevent an indefinite term or any immediate execution. Conditions for suspension, indefinite term, creditor’s pre-paid payment book, creditor’s highest demand, exercise of choice, etc. are subject to the above conditions. However, the aforementioned conditions do not constitute the fixed period, rescission conditions, subject-matter of payment, neglected terms, simultaneous performance, offering of security, etc., and the aforementioned conditions are not subject to the aforementioned conditions. (ii) When a creditor bears the burden of proving that the conditions have been fulfilled as they are attached to the execution of a protocol, the execution clause may be granted only by submitting documents evidencing the fulfillment of the conditions, and when the debtor contests the executive force

(See Articles 57, 30(2), and 45 of the Civil Execution Act).

Judgment

According to the instant protocol, Paragraph (3) does not acquire all or part of the J-si roads until May 31, 2015, by which C did not exchange real estate under paragraphs (1) and (2) as of June 1, 2015.

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