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(영문) 서울남부지방법원 2017.03.28 2016가단46202

제3자이의

Text

1. The instant lawsuit shall be dismissed.

2. Of the costs of lawsuit, the part arising between the Plaintiff and the Defendant is the Plaintiff.

Reasons

With respect to the plaintiff's lawsuit of this case seeking the refusal of compulsory execution as to the delivery of the real estate of this case based on the decision of recommending settlement of this case, which includes the delivery of the real estate of this case to the defendant against the plaintiff's intervenor, etc., the defendant is unlawful and examined.

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 when the lawsuit by a third party was filed, is terminated during the course of the lawsuit

(2) As to the Plaintiff’s motion for settlement of this case’s real estate delivery, the Defendant’s motion for settlement of this case’s real estate delivery is unlawful, since there is no dispute between the parties, or the Defendant’s motion for settlement of this case’s real estate delivery of this case’s real estate delivery of this case’s real estate No. 3’s motion for settlement of this case’s real estate delivery of evidence

The instant lawsuit is dismissed.