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(영문) 서울고등법원 2014.03.27 2013나2018002
제3자이의
Text

1. Revocation of a judgment of the first instance;

2. Defendant A, Inc., Ltd., the Incheon District Court 2007Gahap2288.

Reasons

1. The content that the court shall explain on this part of the basic facts shall be stated in the attached Form 3 of the corresponding part of the grounds for the judgment of the court of first instance.

2. The list was written between 3 and 16 pages.

On February 14, 2007, "B" was prepared, and Ssch Rexroth notified the debtor, the debtor, by content-certified mail, of the assignment of the credit, to the Seoul Guarantee Insurance, and the notification reached the Seoul Guarantee Insurance on the following day.

“ro, 5 pages 1 et al.” or received.

“B” and the original copy of the decision was served on Seoul Guarantee Insurance Co., Ltd. on May 19, 2010.

“ro, 5 pages 5 et al.” or “five parallels.”

“B” and the original copy of the decision was served on Seoul Guarantee Insurance Co., Ltd. on May 19, 2010.

In addition to "each dismissal", since the corresponding part of the reasoning of the judgment of the court of first instance is the same as that of the reasons for the judgment, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure

2. The Defendants asserted that the lawsuit of this case is unlawful on the grounds that the lawsuit of this case was filed only before the commencement of compulsory execution on the premise of a third party’s objection, and that even when compulsory execution is terminated during the continuation of the lawsuit, there is no interest in the lawsuit. The seizure and enforcement of the right to claim delivery of corporeal movables, which is the object of execution, was conducted on May 24, 2010 as the collection amount was paid to the executing court, and the compulsory execution procedure is completed.

A lawsuit of demurrer against a third party is filed by a third party who has ownership or a right to prevent transfer or transfer of the subject matter of compulsory execution and seeks an objection against compulsory execution that is practically being carried out by infringing on such right and seek the exclusion of enforcement. Thus, a lawsuit of demurrer against a third party is filed after the compulsory execution concerned is completed, or a lawsuit of demurrer against a third party is filed.

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