제3자이의
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The Plaintiff asserts that the Defendant’s compulsory execution of the instant real estate under the real estate delivery order (hereinafter “instant delivery order”) against C should be denied, since the Plaintiff possesses 337.31 square meters on the ground floor among the real estate listed in the attached list under the lawful lien (hereinafter “instant real estate”).
As to this, the Defendant asserted that the instant lawsuit is unlawful, since the execution of the instant order based on delivery was terminated on October 29, 2018.
A lawsuit of demurrer by a third party is a lawsuit seeking an objection against a compulsory execution that is practically being carried out by a third party who infringes on the ownership or right to restrain transfer or delivery of the object of compulsory execution, and thus, in the event a lawsuit of demurrer by a third party is filed after the completion of the pertinent compulsory execution, there is no benefit of lawsuit (see Supreme Court Decision 96Da37176, Nov. 22, 1996). In cases of compulsory execution based on an order for delivery of real estate, there is no benefit of seeking the denial of compulsory execution by a third party as a lawsuit of demurrer, even after the compulsory execution is completed as a whole and the creditor is satisfied.
According to the records, the defendant can be recognized that he/she acquired possession of the above real estate by executing compulsory execution on October 29, 2018 in accordance with the delivery order of this case against C. Thus, compulsory execution on the instant real estate under the delivery order of this case was completed.
Therefore, the instant lawsuit is unlawful as it has no benefit of lawsuit.
Therefore, the lawsuit of this case is unlawful and dismissed, and it is so decided as per Disposition.