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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 court's explanation on this part of the basic facts is consistent with the reasoning of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. We examine, ex officio, whether the instant lawsuit is lawful or not, ex officio, as to the determination on the legitimacy of the instant lawsuit.
In a lawsuit of demurrer against a grant of execution clause, in principle, a standing to sue is the person indicated as a debtor on the executive title or execution clause. Thus, a person other than an execution debtor cannot, in principle, file a lawsuit of objection against a grant of execution clause or a lawsuit of objection against a claim against a grant of execution clause, and exceptionally, in the case of an execution debtor's creditor, each lawsuit may be filed based on a creditor's subrogation right. However, even if there is a seizure and collection order against a monetary claim, this is granted only to the collection creditor in compulsory execution procedures, and even if a collection execution clause is granted to the collection creditor, even if it is granted to the collection creditor, it does not transfer or belong to the collection creditor's claim against the third debtor, and thus, the collection creditor subject to a seizure and collection order does not have the authority to file each lawsuit under the creditor's subrogation right against the debtor's claim. In this case, the plaintiff is merely a creditor against the debtor C's third debtor based on the original copy of Busan District Court Decision 98Da157866, and thus, the plaintiff's lawsuit of objection against the execution clause of this case is unlawful.
3. In conclusion, the plaintiff's lawsuit of this case is unlawful and dismissed, and the judgment of the court of first instance is delivered with this conclusion.