제3자이의
1. The plaintiff's lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
A lawsuit of demurrer by a third party is unlawful in cases where a third party, who has ownership or a right to prevent transfer or delivery of an object of compulsory execution, raises an objection against compulsory execution that is practically being carried out by infringing on such ownership or right, and seeks the exclusion of enforcement. Thus, in cases where a lawsuit of demurrer by a third party is filed after the completion of the pertinent compulsory execution, or a compulsory execution that existed at the time of filing a lawsuit by a third party is terminated during the course of the lawsuit, there
(see, e.g., Supreme Court Decisions 96Da37176, Nov. 22, 1996; 2016Da207973, Jun. 9, 2016). The Plaintiff asserts that compulsory execution against the said corporeal movables conducted by the Defendant on the basis of the executive title against C is not permissible.
However, according to the purport of the evidence Nos. 1-2 and 1-2 of this case and the whole pleadings, compulsory execution against the above corporeal movables (Seoul District Court Branch Branch D) may be recognized as having already been terminated. Thus, the lawsuit of this case has no benefit of lawsuit.
Therefore, the instant lawsuit is dismissed as it is unlawful.