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(영문) 부산지방법원 2015.06.16 2014가단65638
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' assertion that C is the creditors of C, and C applied for compulsory execution on the articles indicated in the separate sheet, which are the facilities of E, under the premise that C has the above company's share in E while operating E together with the plaintiff, but the plaintiff B acquired all the share in C, therefore C has no ownership on the above articles.

Therefore, compulsory execution based on the original copy of the notarial deed stated in the defendant's claim C should not be permitted.

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). Since enforcement based on the authentic copy of a notarial deed stated in the purport of the claim (see, e.g., Supreme Court Decision 2014Du4797, Mar. 23, 2015) is apparent in the record that the compulsory execution based on the authentic copy of a notarial deed stated in the purport of the claim was completed on March 23,

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

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