(영문) 청주지방법원충주지원 2017.11.29 2017가단1045

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(영문) 청주지방법원충주지원 2017.11.29 2017가단1045

제3자이의의 소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. C occupied the real estate listed in the separate sheet (hereinafter “instant building”) and operated a restaurant business.

B. The Defendant filed a lawsuit against C to seek an explanation of the instant building as the Cheongju District Residents Assistance 2016Gadan21486, and C also filed a lawsuit against the Defendant as the same court 2016Gadan3044.

In addition, during the lawsuit of the above case No. 2016Kadan3044, the ruling of recommending reconciliation that “the Defendant shall deliver the building of this case from C to December 30, 2016, and at the same time pay KRW 20 million to C” (hereinafter “the ruling of recommending reconciliation of this case”) was finalized on December 23, 2016.

C. On March 20, 2017, the Defendant asserted that he/she is C’s successor, and received an execution clause succeeding to the instant decision on the recommendation for reconciliation.

On May 10, 2017, the Defendant deposited KRW 106,510,510 as the depositee, on the ground of Article 258(6) of the Civil Execution Act, on July 3, 2017, the execution officer belonging to the Chungcheong District Court: (a) completed a real estate transfer execution of the instant building in possession of the Plaintiff; and (b) on the basis of Article 258(6) of the Civil Execution Act, the execution officer belonging to the Chungcheong District Court: (c) deposit KRW 106,510,00 as the remainder after subtracting the execution cost from the proceeds

(hereinafter the above compulsory execution is referred to as "the execution of this case"). 【No dispute exists, entry in Gap evidence Nos. 1, 5, 6, 8, 9, 26, and 28, and the purport of the whole pleadings.

2. As to the lawsuit of this case where the plaintiff, based on the decision of recommending reconciliation of this case, seeks the refusal of compulsory execution of this case that the plaintiff as his successor based on the decision of recommending reconciliation of this case, the defendant asserts that the lawsuit of this case is unlawful as there is no benefit of lawsuit.

The creditor is satisfied as a whole after compulsory execution based on executive titles has been completed.

참조조문

-민사집행법 제258조 제6항

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