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(영문) 울산지방법원 2018.06.26 2018가단5361
제3자이의
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The plaintiff's assertion that compulsory execution stated in the purport of the claim is unlawful since the defendant enforced compulsory execution on the movable property owned by the plaintiff on the ground of the executive title against Tchip Industrial Development Co., Ltd.

2. Determination

A. A lawsuit of demurrer by a third party is unlawful as there is no benefit of lawsuit where a third party, who holds ownership or right to restrain transfer or transfer of the object of compulsory execution, has infringed on the ownership or right thereof and seeks to exclude enforcement of compulsory execution that is practically being carried out. Therefore, 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 the lawsuit, such legal

(See Supreme Court Decision 96Da37176 delivered on November 22, 1996, etc.). B.

However, this Court did not suspend a compulsory execution procedure case of this Court No. 2018No. 51, and the corporeal movables listed in the separate sheet were sold and paid in full, and the completion of dividends was not a dispute between the parties or a substantial fact to this Court. Thus, the lawsuit of this case seeking the denial of the compulsory execution procedure of this case has no interest in the lawsuit as long as the compulsory execution procedure

3. The plaintiff's lawsuit of this case is dismissed.

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