CONTENTS
- 1. Lawsuit of Objection to Claim | Definition
- - Types of Title of Execution
- 2. Lawsuit of Objection to Claim | Grounds for Objection
- - Objection Based on the Extinction of the Claim
- - Objection to the Limitation on the Effect of a Claim
- - Objection to the Manner of Exercising a Claim
- - Objection to the Formation of the Claim Itself
- 3. Lawsuit of Objection to Claim | Litigation Procedure
- 4. Objection to Claim Lawsuit | Response Strategies by Position
- - Practical Issues and Points to Note
1. Lawsuit of Objection to Claim | Definition
A lawsuit of objection to claim is a lawsuit that arises when a debtor raises an objection to a title of execution, such as a payment order or a decision recommending performance.
Even if a payment order has become final or a decision recommending performance has been rendered, where the debtor does not comply with the decision or has an objection, the debtor may raise a legal objection to its effect through a lawsuit of objection to claim.
① If a debtor intends to object to a claim that has been finalized by a judgment, the debtor shall file a lawsuit of objection to the claim with the court of first instance.
② The objection under paragraph (1) shall be based on grounds that arose after the close of oral argument (or, in the case of a judgment rendered without oral argument, after the judgment was pronounced).
③ Where there are several grounds for objection, they shall be asserted at the same time.
Types of Title of Execution
A lawsuit of objection to claim may be filed against the following types of title of execution.
▶ Final judgment with a declaration of provisional execution: Even where the judgment has not become final, execution may be carried out right away if the court recognizes provisional execution.
▶ Final payment order: A payment order that a creditor obtained from the court has become final, and compulsory execution may be carried out.
▶ Conciliation protocol : A conciliation protocol in which a court has recorded an agreement between the parties may also serve as a title of execution, and an objection may be raised to its effect.
Titles of execution also take various other forms.
2. Lawsuit of Objection to Claim | Grounds for Objection
The grounds for objection that a debtor may assert in a lawsuit of objection to claim are cases where the claim indicated in the title of execution has been extinguished in whole or in part, or where its effect has been suspended temporarily or permanently.
These grounds are mostly similar to the defenses a defendant raises in an ordinary civil lawsuit, but in a lawsuit of objection to claim, they become the cause of the claim of the plaintiff (the debtor).
-Creditor (defendant): Proves the fact that the claim arose
-Debtor (plaintiff): Proves the fact that the claim has been extinguished or its effect suspended
Objection Based on the Extinction of the Claim
This is a case where a claim based on a title of execution has been extinguished after the fact.
In this case, the debtor may file a lawsuit of objection to claim on the ground that the claim no longer exists.
This ground must have arisen after the close of oral argument at the fact-finding instance.
Examples:
-Where the entire debt has been repaid
-Where the creditor and the debtor have agreed to set off the debt
-Where the creditor has released the debt or rescinded the contract
-Where the debtor has performed the debt by deposit
-Novation (replacing an existing debt with a new debt)
-Where the claim has been extinguished by extinctive prescription
-Where the right no longer belongs to the creditor due to assignment of the claim, exempting assumption of the debt, or attachment and whole transfer of the claim, and the like
Objection to the Limitation on the Effect of a Claim
This applies when the claim itself exists but its effect has been temporarily suspended or limited.
This ground must also have arisen after the close of oral argument.
Examples:
-When the deadline for performing the obligation has been deferred
-When the claim is subject to a condition precedent and the condition has not yet been fulfilled
-When the debtor has limited the inherited debt to the scope of the inherited property through qualified acceptance
-When the debtor has obtained a discharge in bankruptcy or a discharge through rehabilitation proceedings
Objection to the Manner of Exercising a Claim
1. Non-execution agreement (agreement prohibiting execution)
Where the creditor and the debtor have ‘agreed not to carry out compulsory execution,’ and execution proceeds in violation of that agreement, the debtor may stop the execution through an objection to claim lawsuit.
2. Violation of the principle of good faith, among others
Even where execution is based on a judgment that has already become final, it may not be permitted if it clearly runs counter to justice or the principle of good faith.
3. Circumstances following qualified acceptance
If the debtor made a qualified acceptance regarding the inherited debt but did not assert that fact during the lawsuit, resulting in a judgment of complete victory for the creditor, the debtor may later file an objection to claim lawsuit on the basis of that qualified acceptance.
Objection to the Formation of the Claim Itself
This ground is an assertion that the claim never arose in the first place.
It is recognized only for titles of execution that lack res judicata rather than a final judgment, such as a notarial deed, a finalized payment order, or a decision recommending performance.
3. Lawsuit of Objection to Claim | Litigation Procedure
A lawsuit of objection to claim proceeds through the following procedure.
① Requirements for Filing the Lawsuit
A lawsuit of objection to claim may be filed even before an execution clause is granted, provided that the title of execution has already been established and exists validly.
The following principles are important, however.
-Where the execution procedure is still in progress, a lawsuit of objection to claim may be filed
-Where execution has already ended, another legal procedure, such as a claim for return of unjust enrichment, must be used.
② Standing as a Party and Litigation Representation
As with an ordinary civil lawsuit, only a party with standing may file or be a defendant in a lawsuit of objection to claim.
-The person indicated as the debtor in the title of execution
-Or that person's successor (heir, assumer of the debt, and the like)
-The person indicated as the creditor in the title of execution
-Or that person's successor, or a person who may apply for compulsory execution
-Even where a succession execution clause has not yet been obtained, a person who can carry out execution in the future has standing as a defendant.
③ Court with Jurisdiction
The court with jurisdiction over a lawsuit of objection to claim follows the jurisdictional rules for ordinary civil lawsuits.
The district court with jurisdiction over the defendant's domicile generally has jurisdiction, and the court for the location of the property or where execution is in progress may also have jurisdiction.
④ Examination of the Lawsuit
The examination procedure for a lawsuit of objection to claim is the same as that for an ordinary civil lawsuit.
-Through the oral argument procedure, the plaintiff (the debtor) asserts and proves the grounds for objection
-The defendant (the creditor) rebuts them and asserts the validity of the title of execution
-The lawsuit may also proceed jointly with another lawsuit
※ If compulsory execution ends during the examination, the purport of the claim may be changed to a claim for return of unjust enrichment or a claim for damages.
⑤ Judgment and Its Effects
If the plaintiff prevails in a lawsuit of objection to claim, the following legal effects arise.
-The enforceability of the title of execution is extinguished, and the grant of an execution clause is restricted
-Compulsory execution already in progress may be stayed or revoked
-If the debtor submits an authentic copy of the judgment to the court enforcement officer, the execution may be suspended
4. Objection to Claim Lawsuit | Response Strategies by Position
We will review response strategies for an objection to claim lawsuit according to each party's position.
▶From the debtor's position
Because the validity of the title of execution is being contested, mere assertions are not enough, and securing specific and reliable evidence is important.
Before filing the lawsuit, an application for a stay of execution should also be reviewed.
Compulsory execution may proceed even during the lawsuit, so close time management and a prompt response are required.
▶From the creditor's position
Even where an objection to claim lawsuit has been filed, compulsory execution may continue unless a stay of execution is granted.
Where the debtor's assertions are false or the evidence is insufficient, a response strategy that actively rebuts them is needed.
Care should be taken to ensure that the objection to claim lawsuit is not misused as a means for the debtor to cause delay.
Practical Issues and Points to Note
✅ Whether to stay execution
If a stay of execution is not applied for together with the objection to claim lawsuit, compulsory execution may validly proceed while the lawsuit is ongoing.
The key issues are therefore whether the requirements for a stay of execution are met and whether the court grants it.
✅ The need for substantive grounds
An objection to claim lawsuit cannot rely on procedural defects alone, and it must assert the extinction, non-existence, or set-off of the claim itself.
The substantive grounds must therefore be set out in specific terms.
✅ Confirmation of performance and follow-up response
Even if you prevail in the objection to claim lawsuit, if compulsory execution has already been completed, follow-up legal measures such as a claim for return of unjust enrichment or a third-party objection lawsuit may be needed to reverse it.
✅ Concern over prolonged disputes
Because the conflicting interests surrounding compulsory execution are sharp in an objection to claim lawsuit, prolonged litigation is frequent.
Practical risks such as the cost burden and credit deterioration that come with a prolonged dispute should be considered.
An objection to claim lawsuit is not a simple objection procedure but a lawsuit that requires precise judgment and proof regarding the substantive rights directly related to compulsory execution.
For this reason, seeking the help of a specialized attorney is advisable, particularly in the following cases.
-When the claim relationship underlying the title of execution is complex or a mutual agreement exists
-When an application for a stay of execution is needed in parallel with the lawsuit
-When the creditor's response is prompt and aggressive
-When a strategic response is required because of a prolonged dispute
Our firm provides one-stop legal services through a task-force response by attorneys who handle objection to claim lawsuit matters for clients, reviewing strategies for proving the non-existence of a claim and the likelihood that a stay of execution will be granted.
To help close gaps in legal coverage, we operate branch offices in regions across the country, a 24-hour emergency consultation system available 365 days a year, and a non-face-to-face video consultation service.
Please feel free to request a consultation at any time in whatever way is convenient for you.
