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(영문) 서울동부지방법원 2018.05.04 2017가합109548
청구이의
Text

1. The plaintiff's lawsuit against the primary defendant is dismissed, and the conjunctive defendant is among the conjunctive defendant's lawsuit against the primary defendant.

Reasons

1. We examine the legality of the suit against the primary defendant B ex officio in determining the legality of the suit against the primary defendant.

In the event that a claim on the title of execution meets the requirements for setting up against the assignee due to the transfer of the right of claim on the title, the qualification of the execution party is changed to the transferee, and the execution creditor becomes the transferee according to the succession execution clause is finalized as the transferee.

Therefore, a subsequent suit of objection filed against a transferor is unlawful as there is no benefit of protection of rights, because it is filed against a non-qualified person, or seeks to exclude executive force of executive titles already extinguished.

(See Supreme Court Decision 2005Da23889 Decided February 1, 2008, etc.). If the purport of the entire pleadings is added to each of the entries in Gap's 2 through 4, 6, Eul's 13, 16 through 19 (including serial numbers; hereinafter the same shall apply) and the plaintiff and non-party D's 2015Da102413 Decided September 4, 2015, "the plaintiff has reached D's 1,040, 307, 979 won and its 2015 Protocol, but it was revised as 2015 after the date of the transfer of claims to the plaintiff, the plaintiff notified the plaintiff of the fact that "the plaintiff acquired the claim of this case from 305% to 205 of the date of transfer of claims to 30% of the conciliation protocol," and the plaintiff notified the plaintiff of the above facts that "the plaintiff acquired the claim of this case from 2015."

The recognition.

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