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(영문) 서울중앙지방법원 2019.09.05 2018가합587180

제3자이의

Text

1. All of the lawsuit filed by the third party against the Defendants by Plaintiff A shall be dismissed.

2. Plaintiff A’s Defendants respectively.

Reasons

1. Basic facts

A. The Defendants acquired ownership of the instant real estate on October 7, 2016, after receiving a decision of permission for sale in the Seoul Central District Court F real estate auction procedure (hereinafter “instant voluntary auction procedure”) regarding the real estate listed in the separate sheet No. 3 (hereinafter “instant real estate”).

B. On August 16, 2018, the Defendants issued an order to deliver real estate to the Seoul Central District Court G with respect to the instant real estate (Seoul Central District Court H), and on November 27, 2018, with respect to each of the corporeal movables listed in the separate sheet Nos. 1 and 2 (hereinafter “each of the instant corporeal movables”) discovered and possessed by the instant real estate during the process of delivery to the Seoul Central District Court E on November 27, 2018, the Defendants received a decision to permit the sale of movables under Article 258(6) of the Civil Execution Act (hereinafter “decision to permit the sale of the instant corporeal movables”), and accordingly, the sale of each corporeal movables listed in the separate sheet No. 1 list was completed on December 20, 2018, and the Plaintiff B voluntarily removed the corporeal movables listed in the separate sheet No. 2 list.

[Ground of recognition] The descriptions of Gap evidence Nos. 1 through 3, Eul evidence Nos. 2 and 3 (including branch numbers), and the purport of the whole pleadings

2. We examine ex officio the determination of the legitimacy of the lawsuit filed by the third party against the Defendants of the Plaintiff A, and in the compulsory execution of the claim for delivery of immovables, the disposal of movables, which are not the subject matter of execution within the pertinent immovables, is merely an administrative incidental disposition derived from such compulsory execution (see Supreme Court Decision 95Da19843, Dec. 20, 196). If the obligor neglected to accept the movables, the execution officer may sell the movables in accordance with the provisions on the procedure for sale of the said movables with the permission of the court of execution (Article 258(6) of the Civil Execution Act). The said movables belong to the obligor’s ownership.