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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by each person;
Reasons
Attached Form
Facts in the cause of the claim are not disputed between the parties.
(A) The Plaintiff, who was a co-defendant of the instant case, withdrawn the suit against the Korea Urban Improvement Association (hereinafter referred to as the “Korea Urban Improvement Association”). If a compulsory execution based on an executive title is completed as a whole and the creditor has already been satisfied, there is no interest in filing a lawsuit seeking the denial of such compulsory execution by filing
(See Supreme Court Decision 96Da52489 Decided April 25, 1997, etc.). Comprehensively taking account of the overall purport of the pleadings in the evidence Nos. 2, 3, and 5, the Defendant may recognize the fact that the Defendant applied for withdrawal and cancellation of execution as of October 4, 2016 with respect to the seizure and collection order of the claim to transfer the provisional seizure which is permitted to be succeeded by the judgment of claim objection to the provisional seizure as of October 4, 2016, the Seoul Central District Court 2015TTT101949, which was executed by the succeeding execution clause of the judgment of claim, and the fact that the Defendant applied for withdrawal and cancellation of execution as of September 26, 2016 with respect to the seizure and collection order of claims executed by the succeeding execution clause of the judgment of claim, and the delivery of the original copy of the judgment of the judgment of succession to the execution clause to the Plaintiff on November 1, 2016.
Therefore, in this case, it is recognized that the defendant had already conducted compulsory execution with the title of execution and received dividends, and that there is no claim for compulsory execution with the subject judgment of the claim objection as the title of execution. Thus, since compulsory execution with the subject judgment of the claim objection as the title of execution has already been completed as a whole and the defendant has already been satisfied, the plaintiff has no interest in filing a lawsuit seeking non-permission of compulsory execution by filing an objection to the claim.
Therefore, since the lawsuit of this case is unlawful, it is decided to dismiss it. It is so decided as per Disposition.