제3자이의
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
ex officio, the standing to sue of a third party is a third party asserting that he/she has a right to prevent transfer or transfer of the subject-matter of the execution, and the third party means a person other than the creditor, the debtor, or his/her successor on the executive title or execution clause (see Supreme Court Decision 92Da10883, Oct. 27, 1992). Thus, the debtor cannot raise an objection on the ground that the subject-matter of the lawsuit is a third party’s property.
However, the Plaintiff filed a lawsuit against the third party by asserting that the movable property indicated in the attached attachment list, which is the object of compulsory execution, is not the Plaintiff but a third party’s ownership, which is the debtor of the judgment of Suwon District Court 2019Gau2046, which is the title of execution of the instant case.
Ultimately, the instant lawsuit is unlawful and dismissed.