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(영문) 서울동부지방법원 2019.09.20 2019가단2477

제3자이의

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The lawsuit of demurrer by a third party on the legitimacy of the lawsuit of this case is unlawful as there is no benefit of the lawsuit in case where a third party, who holds ownership or right to prevent transfer or transfer of the subject matter of compulsory execution, infringes on his/her right and seeks an exclusion from the execution of compulsory execution. Thus, in case where a lawsuit of demurrer by a third party is filed after the compulsory execution concerned is completed, or a compulsory execution, which existed at the time when the lawsuit of objection by a third party is filed, is terminated while the lawsuit is pending.

(1) Upon examining the reasoning of the judgment below in light of the above legal principles, the court below erred by misapprehending the legal principles as to the corporeal movables as stated in the separate sheet No. 1 of the separate sheet No. 1 of the separate sheet No. 2 of the separate sheet No. 1 of the separate sheet No. 2 of the separate sheet No. 2 of the separate sheet No. 1 of the separate sheet No. 2 of the separate sheet No. 2 of the separate sheet No. 1 of the separate sheet No. 2 of the separate sheet No. 1 of the separate sheet No. 2 of the separate sheet No. 2 of the separate sheet No. 1 of the separate sheet No. 2 of the separate sheet No. 1 of the separate sheet No. 2 of the separate sheet No. 1 of the separate sheet No. 1 of the separate sheet No. 2 of the subsequent sheet No. 305768, Jan. 30, 2019.

As such, the lawsuit in this case is unlawful as there is no benefit of lawsuit.

2. As such, the instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.