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(영문) 춘천지방법원영월지원 2020.04.29 2019가단1850
제3자이의
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 when the lawsuit by a third party was filed, is terminated during the course of the lawsuit

(1) In light of the aforementioned legal principles, the Defendants, upon receipt of the provisional seizure order issued by the Chuncheon District Court Young Branch Branch of 2019Kadan1079 on July 10, 2019, executed the execution of corporeal movables listed in the attached list on July 10, 2019, in light of the following legal principles: (a) the Defendants voluntarily withdrawn the above application for provisional seizure and cancelled its execution on February 6, 2020, before the closing of argument; and (b) the instant lawsuit was filed, and accordingly, (c) the Defendants were deemed to have been dismissed due to the Defendant’s withdrawal of the above application for provisional seizure. Accordingly, the instant lawsuit was unlawful due to the lack of legal interest in litigation.

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

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