집행문부여에대한이의
The judgment of the first instance shall be revoked.
The instant lawsuit is dismissed.
All costs of the lawsuit shall be borne by the plaintiff.
purport, purport, and.
1. The reasoning of this court concerning this part of the basic facts is the same as that of the corresponding part of the judgment of the court of first instance, and thus, they are cited pursuant to the main sentence of Article 420 of the Civil Procedure Act
2. Since the plaintiff's lawsuit of demurrer against the execution clause against the defendants of the judgment on the main safety defense of the defendants had already been executed, the defendants' lawsuit of this case is unlawful as there is no benefit of lawsuit.
A lawsuit of demurrer against a grant of execution clause may be brought after the grant of the execution clause until the completion of a compulsory execution, and there exists no benefit to bring an action after the compulsory execution is completed.
(see, e.g., Supreme Court Decision 2002Da64810, Feb. 14, 2003). Around August 5, 2016, the Defendants granted the succeeding execution clause of the building delivery case (Seoul Western District Court Decision 2011Da72786) and completed compulsory execution on May 16, 2019 by means of the evidence No. 11, e.g., the fact that compulsory execution has been completed by completing delivery of real estate (see, e.g., Supreme Court Decision 2002Da64810, Feb. 14, 2003). Thus, the lawsuit in this case is unlawful as there is no benefit of lawsuit.
Therefore, the defendants' defense of principal safety is justified.
3. As such, the plaintiff's lawsuit of this case is dismissed as it is unlawful, and the judgment of the court of first instance is unfair with different conclusions, so the judgment of the court of first instance is revoked, and it is so decided as per Disposition by the assent of all participating Justices.