제3자이의
1. All appeals filed by the plaintiffs (appointed parties) and the designated parties are dismissed.
2. The costs of appeal are assessed against the Plaintiff (Appointed Party) and the Plaintiff.
1. The reasons why the court should explain this part of the facts of recognition are as stated in the corresponding part of the reasoning of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.
2. The gist of the Plaintiff’s claim is that the Plaintiff (Appointed Party) and the designated parties (hereinafter collectively referred to as “Plaintiffs”) excluded the possession of the instant church from November 2017, and a third party has actually, exclusively, and independently occupied the instant building. As such, the Plaintiff has the right to prevent the delivery of the instant building according to the instant protocol of mediation.
3. Determination
A. A lawsuit of demurrer against a third party is filed by a third party who holds ownership over the subject matter of the execution, or has a right to prevent the transfer or delivery of the subject matter, such as right to possess ownership over the subject matter of the execution (Article 48(1) of the Civil Execution Act) and seeks the exclusion of the execution concerned by asserting an objection against such compulsory execution (Article 48(1) of the Civil Execution Act). If the third party files a lawsuit of demurrer against a third party by becoming the plaintiff, the subject matter of the lawsuit is the right of execution (see, e.g., Supreme Court Decision 77Da1041, Oct. 11, 1977). A third party who becomes the plaintiff, as a ground for objection, must not only assert that the third party has a right to prevent the transfer or delivery
If a third party files a lawsuit of demurrer against a third party on the ground that he/she is the possessor of the subject matter of execution, he/she has the right to prevent delivery only when it is deemed that there is no reason to avoid such infringement in relation to the execution creditor, in addition to infringement of possessory right
I would like to say.
B. In light of the above legal principles, we examine whether the plaintiffs have the right of possession to prevent the Defendants from transferring the building of this case.
The church properties are collectively owned by the members, and each member may use and profit from collective ownership in accordance with the articles of association or other regulations (Article 276 (2) of the Civil Act), and the church properties.