제3자이의
The instant lawsuit is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. On May 8, 2020, the Defendant filed a lawsuit against D with the Jeonju District Court No. 2019Ga group 13928, and rendered a judgment that “D shall pay to the Defendant the amount calculated at the rate of 12% per annum from April 30, 2019 to the date of full payment” and the above judgment became final and conclusive as it is (hereinafter “final judgment of the Jeonju District Court”). B. The Defendant based on the executory exemplification of the final judgment of the previous suit of this case, filed an application for compulsory execution of movable property to Gwangju District Court E. based on the executory exemplification of the final judgment of the previous suit of this case.
Accordingly, on August 20, 2020, the enforcement officer belonging to the Gwangju District Court seized movable property listed in the separate sheet, and the same year.
9.3. Around 5,380,000 won for the movable property listed in the separate sheet sold to F and then the remainder of KRW 4,861,040 for the Defendant.
[Reasons for Recognition] Uncontentious Facts, Gap evidence No. 1, Eul evidence No. 1, and the purport of the whole pleadings
2. A lawsuit of demurrer against a third party is a lawsuit seeking an objection against compulsory execution that is practically underway by a third party who has ownership or right to restrain transfer or transfer of an object of compulsory execution. Thus, in a case where a lawsuit of demurrer against a third party is filed after the compulsory execution concerned is completed, or compulsory execution that existed at the time when a lawsuit of demurrer against a third party is pending during the lawsuit, there is no benefit of lawsuit (see, e.g., Supreme Court Decisions 96Da37176, Nov. 22, 1996; 9Da49049, Oct. 10, 197). According to the above-mentioned facts, the compulsory execution against the movable property of this case can be known to the fact that the sale of the movable property was completed on September 3, 202 with an executory exemplification of the final judgment of the previous lawsuit of this case, and the compulsory execution against the movable property of this case is already completed on September 3, 2020.