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(영문) 울산지방법원 2016.10.18 2016가단52479
제3자이의
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On November 10, 2015, the Defendant seized each of the items listed in the separate sheet on the basis of the executory exemplification of the judgment rendered by the Ulsan District Court Decision 2015Da32441 Decided November 10, 2015.

(hereinafter “instant compulsory execution”). B.

D Filing a lawsuit of demurrer against the Defendant by asserting that each of the items listed in Nos. 1, 2, 4, 5, 7, 8, and 9 in the separate sheet No. 1, 2, 4, 5, 8, and 9 was its own ownership.

(Ulsan District Court 2016dan52486). (c)

Ulsan District Court on July 8, 2016

After the compulsory execution against the items mentioned in paragraph (1) has been completed, the judgment dismissing the lawsuit was declared to the effect that there is no interest in the lawsuit, and the judgment became final and conclusive as it is.

The date of sale of the instant compulsory execution procedure was March 11, 2016.

[Reasons for Recognition] Clear Facts in this Court, Gap evidence No. 6, the purport of the whole pleadings

2. Each of the items listed in the [Attachment 3 and 6] of the Plaintiff’s assertion (hereinafter “instant movable property”) was owned by the Plaintiff, but the Defendant, without any grounds, conducted compulsory execution on the instant movable property based on the original judgment with executory power stated in paragraph (1).

Therefore, the compulsory execution of this case should not be permitted.

3. The lawsuit of demurrer by a third party regarding the legitimacy of the lawsuit of this case is unlawful in cases where a third party, who holds ownership or right to prevent transfer or transfer of the subject matter of compulsory execution, has asserted an objection against compulsory execution that is practically being carried out by infringing on such ownership or right, and seek 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 compulsory execution that existed at the time when the lawsuit of demurrer by a third party is pending

(See Supreme Court Decision 96Da49049 delivered on October 10, 1997, etc.). As seen earlier, this case’s lawsuit of demurrer against a third party after the completion of compulsory execution.

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