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1. Of the instant lawsuit, the part demanding the denial of compulsory execution against the corporeal movables listed in the separate sheet.
Reasons
Plaintiff
The summary of the argument is that the plaintiff entered into a goods supply contract with the company of the non-party and delivered corporeal movables listed in the separate sheet (hereinafter “instant objects”) owned by the plaintiff to the non-party company, and the defendant enforced compulsory execution against the instant objects owned by the plaintiff based on the claims against the non-party company, which is erroneous, and thus, the judgment
The defendant asserts that there is no benefit of lawsuit to seek the denial of compulsory execution against the goods of this case since the compulsory execution against the goods of this case has been completed.
A lawsuit of demurrer by a third party is unlawful in cases where a third party, who has ownership or a right to prevent transfer or delivery of the object of compulsory execution, raises an objection against compulsory execution that is practically being carried out by infringing on such ownership or right, and seeks to exclude the execution thereof. Thus, in cases where a lawsuit of demurrer by a third party is filed after the compulsory execution concerned is completed, or where compulsory execution that existed at the time when a lawsuit of objection by a third party is filed, is terminated during the course of
(3) On December 26, 2019 of the auction case, the defendant filed a request for auction of the goods of this case to F on the basis of the original executory judgment 2019Kadan188 with respect to the non-party company, in full view of the purport of the whole argument in the statement in the statement in the statement in the evidence No. 1 of subparagraph B (see, e.g., Supreme Court Decision 96Da37176, Nov. 22, 1996). The defendant filed a claim for auction of the goods of this case to F on the basis of the original executory judgment 2019DaMa1888 with respect to the non-party company. On December 26, 2019 of the auction case, the defendant filed a claim for set-off on the same day as the sale price of the goods of this case at 16,000,
The claim for the delivery of the instant article.