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(영문) 수원지방법원안양지원 2014.12.02 2014가단9289
제3자이의
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

A lawsuit of demurrer by a third party is unlawful in cases where a third party, who has ownership or a right to prevent transfer or delivery of an object of compulsory execution, raises an objection against compulsory execution that is practically being carried out by infringing on such ownership or right, and seeks the exclusion of enforcement. Thus, in cases where a lawsuit of demurrer by a third party is filed after the completion of compulsory execution in question, or compulsory execution that existed at the time of filing a lawsuit by a third party is terminated during the proceeding of a lawsuit by a third

Therefore, in full view of the purport of the entire pleadings in the statement in Eul evidence No. 1 (see, e.g., Supreme Court Decisions 65Da615, Jul. 20, 1965; 96Da37176, Nov. 22, 1996), the movable property of this case is sold and the distribution procedure is terminated, and the lawsuit of this case is unlawful as there is no interest to maintain any longer.

If so, the lawsuit of this case is unlawful and dismissed, and it is so decided as per Disposition.

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