logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.11.24 2016가단38050
제3자이의
Text

1. The instant lawsuit shall be dismissed.

2. With respect to cases where this Court applies for the suspension of compulsory execution No. 2016 Chicago381, October 2016

Reasons

The Plaintiff filed the instant lawsuit by asserting that the instant trees planted on the instant real estate are owned by the Plaintiff, and that the Defendant’s auction on the instant trees should not be permitted.

Bain ex officio.

A lawsuit of demurrer by a third party is filed by a third party who has the right to prevent ownership or transfer or transfer of the object of compulsory execution against the said right and seeks an objection to the exclusion of enforcement, and thus, it may be filed only before the commencement of compulsory execution is completed.

Comprehensively taking account of the overall purport of the arguments in Gap evidence 1 through 5 and Eul evidence 1, the judgment of voluntary auction (hereinafter "auction of this case") was rendered on July 31, 2015 with respect to the real estate of this case. Since it is recognized that the trees and gardens on the ground of this case were not the object of the auction of this case, the compulsory execution of the trees of this case was not commenced, and the lawsuit of this case is unlawful as there was no benefit.

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

arrow