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(영문) 수원지방법원 2020.05.27 2020가단4740
제3자이의
Text
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by each person;
Reasons
Where compulsory execution, which existed at the time of filing a lawsuit by a third party, is terminated while the lawsuit is pending, it is unlawful as there is no benefit of the lawsuit.
(Supreme Court Decision 96Da37176 delivered on November 22, 1996). The Defendant conducted compulsory execution as stated in the purport of the claim. After the instant lawsuit, the effect of the seizure upon the Defendant’s withdrawal of the motion was extinguished and the compulsory execution procedure was terminated.
(1) The instant lawsuit is unlawful as there is no benefit of lawsuit, and thus, it is so decided as per Disposition.