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(영문) 서울중앙지방법원 2017.08.10 2017가단5077325
청구이의
Text

1. The Defendant’s judgment against the Plaintiff is based on the Seoul Central District Court Decision 2014Na63802 Decided December 8, 2015.

Reasons

1. The plaintiff's cause of claim and facts of recognition;

A. The grounds for the claim are as shown in the attached Form “the grounds for the claim.”

(b) Grounds: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

2. Determination

A. There is no benefit to seek denial of compulsory execution by a lawsuit of demurrer after the compulsory execution based on the executive title based on the executive title of the part of the collection by the seizure and collection order has been completed as a whole, and the creditor has received satisfaction. Thus, in a case where a lawsuit of demurrer is filed, if a part of the claim is already completed, the lawsuit shall be dismissed as to the following part, and the propriety of the merits shall be deliberated and decided only on the part of which the execution has not yet

(see Supreme Court Decision 2013Da82043, May 29, 2014). Therefore, if the Defendant collected KRW 5,210,96 by means of a seizure and collection order, as seen above, as to the part of the amount, if the Defendant collected KRW 5,210,96 by means of a seizure and collection order, the compulsory execution has already been completed. As such, the part of the lawsuit seeking the denial of compulsory execution based on the enforcement title of this case relating

B. According to the above facts of recognition, the Plaintiff’s debt owed to the Defendant by the enforcement title of this case due to the Plaintiff’s repayment shall be deemed to have expired in full. Accordingly, the above A is among compulsory execution based on the enforcement title of this case.

Any portion exceeding KRW 5,210,996 as described in the paragraph shall not be permitted.

3. In conclusion, the part of the lawsuit seeking non-permission of KRW 5,210,96, among the compulsory execution based on the executive title of this case, is unlawful and thus, it shall be dismissed. Meanwhile, the compulsory execution of the part exceeding KRW 5,210,996 shall not be permitted. Thus, the plaintiff's claim of this case shall be accepted for reasons within the above scope of recognition.

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