logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 마산지원 2018.11.29 2018가단3994
제3자이의
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

The plaintiff asserts that compulsory execution stipulated in the purport of the claim is against the movable owned by the plaintiff on the basis of the defendant's executive title against C, and that the judgment of the purport of the claim is unlawful. Since such a third party's lawsuit is a lawsuit seeking an objection against compulsory execution that is practically underway and a lawsuit seeking an exclusion from enforcement, compulsory execution that existed at the time when the lawsuit by the third party is filed is unlawful as there is no benefit of the lawsuit, in case where compulsory execution

(See Supreme Court Decision 96Da37176 delivered on November 22, 1996, etc.). Therefore, the procedure for compulsory execution stated in the purport of the claim is not suspended after the lawsuit of this case was filed, and there is no dispute between the parties concerned as to the fact that the movable property recorded in the separate list was sold and paid in full, and that the compulsory execution procedure has been completed even after the relevant procedure was completed, and there is no interest in the lawsuit of this case seeking the denial of compulsory execution procedure.

Therefore, the instant lawsuit is unlawful, and thus, it is dismissed.

arrow