승계집행문부여에대한이의의 소
The judgment of the court below is reversed.
The judgment of the first instance is revoked, and the lawsuit of this case is dismissed.
The plaintiff's total costs of litigation.
Judgment ex officio is made.
A lawsuit of demurrer against the grant of an execution clause may be brought after the execution clause is granted until the compulsory execution is terminated, and there exists no benefit to bring such a lawsuit after the compulsory execution is terminated.
(see, e.g., Supreme Court Decision 2002Da64810, Feb. 14, 2003). According to the records, it can be known that compulsory execution based on the instant succeeding execution clause has already been completed on February 15, 2016. Thus, the instant lawsuit is unlawful as there is no benefit of lawsuit.
Therefore, without further proceeding to decide on the grounds of appeal, the judgment of the court below is reversed. Since this case is sufficient to directly decide on the grounds of appeal, the judgment of the court of first instance is revoked and the lawsuit of this case is dismissed. The total costs of the lawsuit are to be borne by the plaintiff. It is so decided as per Disposition by the assent