logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원동부지원 2020.01.09 2019재가단10002
청구이의
Text

1. The plaintiff (the quasi-examination plaintiff)'s quasi-examination is dismissed.

2. The costs of quasi-examination are assessed against the Plaintiff (Quasi-Review Plaintiff).

Reasons

1. Basic facts

A. On October 11, 2005, the Defendant applied for a payment order with the Plaintiffs, E, and F, the parents of the Plaintiffs, for the payment order for the payment of the loan. On November 12, 2005, the Defendant received a payment order with the content that “the Plaintiffs, E, and F shall jointly and severally pay to the Defendant 12 million won and interest calculated at the rate of 66% per annum from October 10, 2005 to the date of full payment.” The payment order (hereinafter “instant payment order”) became final and conclusive on November 10, 2005.

B. The Defendant applied for a compulsory auction on the real estate owned by E upon the instant payment order, and the Plaintiffs and E filed a lawsuit of objection against the Defendant on November 19, 2009 as the court 2009Gadan25410.

(hereinafter referred to as “instant litigation procedure”). C.

In the litigation proceedings of this case, the letter of party appointment by the plaintiffs and E as the appointed party (hereinafter referred to as the "party appointment by this case") was submitted to this court. Eul was present at the first mediation date of the litigation proceedings of this case, which was initiated on February 9, 2010 as the plaintiffs' appointed party. On that date, the protocol of mediation stating the same contents as the attached Form was concluded between E and the plaintiffs and the defendant (hereinafter referred to as the "written protocol subject to quasi-deliberation of this case").

[Ground of recognition] Facts without dispute, entry of Gap 1 and 4 evidence, purport of the whole pleadings

2. The defendant's assertion as to the legitimacy of the lawsuit of quasi-examination of this case is alleged to the purport that the lawsuit of quasi-examination of this case was not filed within 30 days from the date when the grounds for quasi-examination were known, and thus, it should be dismissed in an unlawful manner.

On the other hand, Article 456(1) of the Civil Procedure Act provides that "the action for review shall be brought within 30 days from the date on which the party becomes aware of the grounds for the review after the judgment becomes final and conclusive."

arrow