logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.01.30 2018가단50742
제3자이의의 소
Text

1. The instant lawsuit shall be dismissed.

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

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 the pertinent compulsory execution, or a compulsory execution that existed at the time of filing a lawsuit by a third party is terminated during the course of the lawsuit, there

According to the statements in the evidence Nos. 3 and 4 of the Seoul Central District Court (see, e.g., Supreme Court Decision 96Da37176, Nov. 22, 1996) the enforcement officer of the Seoul Central District Court sold the movable property of this case to the Plaintiff on the date of auction for corporeal movables in accordance with the instant compulsory execution on November 8, 2018, on which the instant lawsuit was pending, at KRW 1,300,000, and the Defendant received dividends of KRW 258,940 among them.

According to the above facts, the compulsory execution of this case has already been completed due to the completion of the distribution procedure during the proceeding of this case, and therefore, the lawsuit of this case has no interest in the lawsuit.

Thus, the lawsuit of this case is unlawful and dismissed.

arrow