(영문) 의정부지방법원 고양지원 2017.01.13 2016가단21608

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(영문) 의정부지방법원 고양지원 2017.01.13 2016가단21608

제3자이의

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1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. A lawsuit of demurrer by a third party on the legitimacy of a lawsuit is unlawful, as there is no benefit of lawsuit, in case where a third party, who holds ownership or right to prevent transfer or transfer of the object of compulsory execution, infringes on his/her right and seeks to exclude execution of compulsory execution that is practically being carried out. Thus, in case where a lawsuit of demurrer by a third party is filed after the compulsory execution concerned is completed, or compulsory execution that existed at the time when the lawsuit of objection by a third party is filed, is terminated while the lawsuit is pending,

(2) In light of the following: (a) there is no dispute between the parties, or comprehensively taking account of the overall purport of the entries and arguments in the evidence Nos. 3 (including the serial number) and No. 3; and (b) the Defendant filed an application for seizure of corporeal movables with respect to B as Seoul Central District Court 2013Hu36322 on the basis of the original copy of the payment order with executory power of No. 2016No. 36322; (c) accordingly, the enforcement officer of the said court attached corporeal movables as indicated in the separate sheet on July 27, 2016; (d) the Plaintiff filed an objection against the third party; and (e) the Plaintiff filed an application for suspension of compulsory execution with the High Court 2016da131 on the ground that the application for suspension of compulsory execution was rejected due to the failure to comply with the order of correction; and (e) the application for suspension of compulsory execution was continued to proceed with the auction procedure on each movable property stated in the separate list, and thus, each of this case.

Therefore, there is no interest in the lawsuit of this case.

2. It is so decided as per Disposition by the assent of all participating Justices, since the lawsuit of this case is unlawful.

참조판례

-대법원 1996. 11. 22. 선고 96다37176 판결

유사 판례

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