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(영문) 대전지방법원 서산지원 2021.01.13 2020가단55096
제3자이의
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. In fact-finding the Defendant filed the instant lawsuit seeking the denial of compulsory execution by asserting that the items in the separate sheet Nos. 7, 8, and 11 are the Plaintiff’s own lawsuit, based on the executory exemplification of the Seoul High Court Decision 2017Na2053249 against D with respect to D, and the compulsory execution procedure was conducted against D with respect to the articles listed in the separate sheet of movable property (the Seosan Branch of the Daejeon District Court 2020 copies 427). The Plaintiff filed the instant lawsuit claiming that the items in the separate sheet Nos. 7, 8, and 11 are the Plaintiff’s own lawsuit. While the instant lawsuit was pending, the said compulsory execution had been conducted, and the remaining amount after deducting the execution cost was sold to the Defendant on September 10, 2020, there is no dispute

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 the right to prevent ownership or transfer or transfer of the object of compulsory execution. Thus, in a case where a lawsuit of demurrer against a third party is filed after the compulsory execution in question is completed, or compulsory execution that existed at the time when a lawsuit of demurrer against a third party is pending during the lawsuit (Supreme Court Decision 96Da37176 delivered on November 22, 1996). According to the above legal principles and facts, the above compulsory execution was completed during the course of the lawsuit in question, and thus there was no benefit in the lawsuit in question.

3. The lawsuit of this case is dismissed as unlawful.

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