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(영문) 부산지방법원동부지원 2019.08.29 2019가단4801
제3자이의
Text

1. All plaintiffs' lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

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

(See Supreme Court Decision 96Da49049 delivered on October 10, 1997, etc.). The Plaintiffs seek, through a lawsuit by the third party, the refusal of compulsory execution against the movables indicated in the attached attachment list by the Defendant. However, the fact that the execution of seizure of corporeal movables had already been completed is obvious to this court (F of this court), and the instant lawsuit is unlawful as there is no benefit of lawsuit.

Therefore, without examining the other issues, it is decided as per Disposition by the plaintiffs' rejection of the plaintiffs' lawsuit.

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