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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by each person;
Reasons
1. Basic facts
A. The Defendant received the payment order (hereinafter “instant payment order”) from the Plaintiff’s Dongwon District Court No. 2017Hu221, Jun. 2, 2007, which was rendered against the Plaintiff’s Dongwon District Court (hereinafter “instant payment order”).
B. On the basis of the executory exemplification of the instant payment order, the Defendant filed an application for seizure of the movables indicated in the attached list (hereinafter “instant movables”), and on May 25, 2017, the enforcement officer of the branch court of the Suwon District Court seized the instant movables under the aforementioned court No. 2017No328.
[Grounds for Recognition: The descriptions of evidence Nos. 1 and 2 and the purport of the whole pleadings]
2. Whether the lawsuit of this case is lawful
A. The Plaintiff’s assertion that the instant movable property is not owned by B, but owned by the Plaintiff. Therefore, the Defendant’s above compulsory execution against the instant movable property ought to be denied.
B. 1) An ex officio determination as to the lawfulness of the instant lawsuit is a lawsuit seeking an objection against the compulsory execution that is practically underway by a third party who has the right to prevent ownership, transfer, or transfer of the subject matter of compulsory execution. As such, in a case where a lawsuit by a third party is filed after the compulsory execution is completed, or compulsory execution that existed at the time when the lawsuit by a third party is filed, is in progress, it is unlawful as there is no benefit of the lawsuit (see, e.g., Supreme Court Decision 96Da37176, Nov. 22, 1996). If a request for auction is withdrawn, the effect of the seizure becomes extinct and the auction procedure is terminated naturally (see, e.g., Article 93(1) of the Civil Execution Act), and even if a request for auction was withdrawn during the lawsuit filed by a third party, the Defendant’s submission of the instant request for compulsory execution to the court on June 9, 2017).