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(영문) 창원지방법원 2015.05.13 2014가합35273
제3자이의
Text

1. All of the plaintiffs' lawsuits of this case are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs asserted that they were creditors, including the remaining price of each construction in relation to the real estate of this case, and their respective claims were due and due, and since they possessed the real estate of this case until now, they have the right to attract the real estate of this

Therefore, compulsory execution based on the executory exemplification of the decision of the real estate delivery order case stated in the claim against H by the Defendants should be denied.

2. We examine the legitimacy of the instant lawsuit ex officio on the lawfulness of the instant lawsuit.

A lawsuit of demurrer by a third party is a lawsuit of demurrer against a compulsory execution that is practically being carried out by a third party who has ownership or a right to prevent transfer or transfer of the object of compulsory execution against infringement on such right, and seek the exclusion of enforcement. Thus, in a case where a lawsuit of demurrer by a third party is filed after the completion of the pertinent compulsory execution, or where a compulsory execution that existed at the time when the lawsuit of demurrer by a third party is filed is completed during

That is, (see, e.g., Supreme Court Decision 96Da49049, Oct. 10, 1997). There is no dispute between the parties that compulsory execution based on the executory decision of a real estate delivery order as stated in the purport of the claim (No. 2014No. 3147, Nov. 13, 2014) has been terminated on November 13, 2014, while the lawsuit of this case was pending, and thus, the lawsuit of this case seeking the refusal of its execution is unlawful as there is no benefit of lawsuit

3. In conclusion, all of the plaintiffs' lawsuits are dismissed. It is so decided as per Disposition.

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