logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.06.25 2018가단70067
제3자이의의 소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

A lawsuit of demurrer by a third party is unlawful in cases where compulsory execution has been completed while the lawsuit of a third party is pending, since a third party who has ownership or a right to block transfer or transfer of the object of compulsory execution is asserting an objection against compulsory execution that is practically being carried out by infringing on its right, and the third party seeks to exclude execution.

If a request for auction is withdrawn, the effectiveness of the seizure becomes extinct as a matter of course and the auction procedure is terminated as a matter of course, so there is no benefit in the lawsuit even in cases where the request for auction was withdrawn during the proceedings of the lawsuit by a third party (see, e.g., Supreme Court Decision 2016Da207973, Jun. 9, 2016). In light of the foregoing legal doctrine, the fact that the Defendant withdrawn the application for compulsory execution filed by the Seoul Central District Court, during the proceedings of the lawsuit of this case

Therefore, the plaintiffs have no legal interest in claiming the denial of the above compulsory execution procedure against the defendant. Thus, the lawsuit against the defendant is unlawful as there is no legal interest in the lawsuit against the defendant.

arrow