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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
On April 24, 2014, the Defendant filed an application for compulsory execution against C based on the executory exemplification of the judgment of Daejeon District Court 2013 Ghana6015 (Seoul District Court 2015No249). On May 26, 2015, the enforcement officer with whom the Defendant was delegated to execute the instant corporeal movables as indicated in the separate sheet (hereinafter “each of the instant corporeal movables”) was executing a seizure on each of the instant corporeal movables listed in the separate sheet (hereinafter “each of the instant corporeal movables”).
(hereinafter “instant seizure execution” (hereinafter “instant seizure execution”). Inasmuch as the instant corporeal movables are owned by the Plaintiff, each of the instant corporeal movables, as indicated in the evidence Nos. 1 and 3, and the purport of the entire pleadings, are the objects owned by the Plaintiff, the instant seizure execution is dismissed as it infringes on the Plaintiff’s ownership, which is a third party.
Judgment
As to the Plaintiff’s lawsuit, the Defendant asserts to the purport that the instant lawsuit is unlawful, since the compulsory execution procedure for each of the instant corporeal movables has already been completed.
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 the object of compulsory execution, claims 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 compulsory execution concerned is completed, or compulsory execution that existed at the time when a lawsuit of objection by a third party is filed is terminated during the course of the lawsuit,
(See Supreme Court Decision 96Da49049 Decided October 10, 1997, etc.). According to the overall purport of the statements and arguments in the Health Team, Nos. 1 and 2 with respect to the instant case, the fact that each of the instant corporeal movables was sold at KRW 4,400,000 on July 9, 2015, and the compulsory execution procedure is terminated as it was distributed to the Defendant and the distribution procedure is completed.