청구이의
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On December 21, 2010, the Defendant filed an application for voluntary auction upon the registration of the establishment of a mortgage on the real estate listed in the separate sheet owned by the Plaintiff, which was registered as the registry office of the Government District Court No. 11724 on December 21, 2010, and the procedure for voluntary auction was commenced to the Jung-gu District Court C.
Accordingly, on July 20, 2018, the Plaintiff deposited the full amount of the Defendant’s secured debt, such as the amount of the Defendant’s secured debt, and thus, the Plaintiff is disqualified from the auction procedure.
2. Determination
A. A lawsuit of demurrer is unlawful to seek the exclusion of the executory power of the title holder of debt and seek the denial of an already executed individual enforcement act.
In order to suspend an auction procedure for exercising a security right to real estate (see Supreme Court Decision 71Da1008, Dec. 28, 1971). An objection against a decision on commencing auction pursuant to Article 86(1) of the Civil Execution Act shall be filed pursuant to Article 86(2) of the same Act, and a lawsuit seeking suspension of execution corresponding to Article 16(2) may be instituted pursuant to Article 86(2) of the same Act, and the progress may be suspended by receiving an order for suspension of execution corresponding to Article 46 of the same Act, and a lawsuit seeking the refusal of direct auction shall not
(See Supreme Court Decision 2002Da43684 delivered on September 24, 2002, etc.). B.
In light of the above legal principles, the instant lawsuit seeking the denial of voluntary auction, which is an execution procedure based on the right to collateral security, is unlawful, rather than a lawsuit seeking the exclusion of executive power based on an objection raised against the claim indicated in the executive title.
3. As such, the instant lawsuit is dismissed as it is unlawful.