Main Issues

Whether a third party has the interest in a lawsuit for objection;

Summary of Judgment

If the decision of permission for auction has become final and conclusive and the compulsory execution procedure has been terminated, the lawsuit of objection by a third party shall be dismissed as having no interest in the lawsuit.

[Reference Provisions]

Article 509 of the Civil Procedure Act

Reference Cases

[Plaintiff-Appellee] 615 decided July 20, 1965 (Supreme Court Decision 1754 delivered on July 20, 1965; Decision No. 509(12) of the Civil Procedure Act

Plaintiff and appellant

Plaintiff

Defendant, Appellant

Defendant

Judgment of the lower court

Chuncheon District Court (Law No. 75 Gohap5) in the first instance trial

Text

The original judgment shall be revoked.

Purport of claim and appeal

The original judgment shall be revoked.

Reasons

According to the evidence Nos. 2 (Decision of Commencing the Compulsory Auction of Real Estate), Nos. 1 (Protocol of Auction), and No. 2 (Register of Copy), which are presumed to have been authenticity, the compulsory execution of the purport of the claim on real estate stated in the separate sheet was sentenced on March 31, 197, and the compulsory execution procedure was completed due to the confirmation of the above decision. Since it is recognized that the compulsory execution procedure was completed due to the confirmation of the above decision, it is not necessary to enter the judgment of the plaintiff's assertion in this lawsuit is illegal for the non-party's interest, and thus, the decision should be dismissed. In other words, the plaintiff's lawsuit should be dismissed, and the costs of lawsuit in the first and second instances shall be borne by