제3자이의
1. The counterclaim of this case shall be dismissed.
2. The Busan District Court for the Defendant-Counterclaim Co., Ltd.
1. In regard to the filing of a principal lawsuit against the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) seeking the denial of compulsory execution based on the original copy of the decision on provisional seizure of corporeal movables on the ground that the Plaintiff, as to whether the counterclaim is lawful or not, exercises a commercial lien on each of them, the Defendants seek confirmation of the absence of a commercial lien on each of the counterclaim by the Plaintiff.
However, a counterclaim is unlawful as it does not contain more active content than seeking a rejection of a claim on the merits in substance, and there is no benefit of confirmation.
(see, e.g., Supreme Court Decision 2005Da40709, Apr. 13, 2007). 2. Determination as to the claim on the principal lawsuit
A. 1) The status of the parties is acknowledged. The Plaintiff is the air transportation brokerage business, maritime transportation business, etc., and Defendant B (hereinafter “B”).
A) The metal processing industry, etc., and the ethyl Co., Ltd. (hereinafter referred to as “ethyl”) are:
(2) On July 20, 2015, the Defendant A decided to discontinue rehabilitation procedures on the grounds that the liquidation value of ethyl was higher than the continuous corporate value, upon filing an application for commencement of rehabilitation procedures and the revocation thereof with the Ulsan District Court 2015 Gohap3, July 29, 2015 (hereinafter “instant rehabilitation procedures”); and the Ulsan District Court rendered a decision to commence rehabilitation procedures on August 28, 2015 (hereinafter “instant rehabilitation procedures”); and on May 17, 2016, on the grounds that the liquidation value of ethyl was higher than the continuous corporate value.
3) On October 23, 2015, the Plaintiff filed a subsequent report on the completion of rehabilitation security rights on October 23, 2015, the Plaintiff filed a subsequent report on the completion of the transport charges of KRW 210,245,126 on the aggregate from October 3, 2014 to February 4, 2015, as rehabilitation security rights, on the ground that the lien was held on the 108-frequency 108-frequencys in the rehabilitation procedure. (4) The Defendants’ compulsory execution order on the respective softs on May 24, 2016.