beta
(영문) 대법원 2020.05.28 2019다272251

제3자이의

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

1. As to the ground of appeal No. 1, the lower court acknowledged the fact that the Defendant carried out all of the instant movable property in three times at C’s workplace, and that the Defendant paid the sales price in full by offsetting the equivalent amount of the enforcement claim against the Defendant, and determined that the instant third party’s lawsuit was unlawful as there was no interest in the lawsuit because compulsory execution against each of the instant movable property has been completed during the lawsuit.

The allegation in the grounds of appeal is nothing more than the purport of disputing the selection of evidence and fact-finding, which belong to the lower court’s full power, and it is difficult to

Furthermore, even if examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

2. As to the remainder of the grounds of appeal, this part of the grounds of appeal disputing the matters not determined by the court below, and does not constitute an ex officio investigation, it cannot be a legitimate ground of appeal.

3. Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.