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(영문) 의정부지방법원 2017.11.23 2017가단14529
제3자이의
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. We examine the legality of the instant lawsuit ex officio.

A lawsuit of demurrer by a third party is a lawsuit seeking an objection against a compulsory execution that is practically being carried out by a third party who infringes on the ownership or right to restrain transfer or transfer of the object of compulsory execution. As such, in a case where a lawsuit by a third party is filed after the compulsory execution concerned is completed, or compulsory execution that existed at the time when a lawsuit by a third party is filed, is completed during the course of a lawsuit (see Supreme Court Decision 96Da49049, Oct. 10, 1997). Therefore, it is unlawful for the third party to have no interest in the lawsuit (see Supreme Court Decision 96Da49049, Oct. 12, 2017). Therefore, the fact that the revocation of a request for compulsory execution as stated in the purport of the claim on Oct. 12, 2017 by a party does not conflict or can be recognized by the statement in subparagraph 2, the above compulsory execution procedure for which

I would like to say.

Therefore, the instant lawsuit is unlawful as it has no benefit of lawsuit.

2. As such, the instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.

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