제3자이의
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The Plaintiff asserted to the effect that compulsory execution should not be permitted since the instant movable is owned by the Plaintiff, not by the Plaintiff, but by holding the title of execution against the Plaintiff, the Chuncheon District Court Decision 2018Kadan4621 and the Suwon District Court Decision 2019Gadan7784 (hereinafter collectively referred to as the “instant executive title”).
The standing to sue in a lawsuit filed by a third party is against a third party who asserts that he/she has a right to prevent transfer or delivery of the object of compulsory execution, and the third party here refers to a person other than those indicated as a creditor, debtor or his/her successor on the title or execution clause.
(see, e.g., Supreme Court Decisions 2014Da225038, Aug. 18, 2016; 92Da10883, Oct. 27, 1992; etc.). However, the obligee of the title of this case is obvious to the court that the Defendant and the obligor are the Plaintiff, and thus, they do not have the right to sue to file a lawsuit by a third party against the Plaintiff in light of the aforementioned legal doctrine.
Therefore, since the lawsuit of this case is unlawful, it is decided to dismiss it. It is so decided as per Disposition.