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1. The instant lawsuit shall be dismissed.
2. On February 1, 2017, this Court has regard to cases of application for suspension of compulsory execution No. 2018, Feb. 1, 2017
Reasons
1. The gist of the Plaintiffs’ assertion is that each of the instant movables is owned by the Plaintiffs, and thus, the Defendant’s compulsory execution against each of the instant movables on January 10, 2017 based on the Decision of the Decision of Execution Costs (2017Kao567), which was rendered by the U.S. District Court for the Ecom Association, is not permissible.
2. As the Defendant’s judgment on the instant safety defense completed compulsory execution based on the final decision of the enforcement cost determination of the District Court Decision 2017Kaman567, the instant lawsuit is deemed unlawful as there is no benefit of lawsuit.
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
(see, e.g., Supreme Court Decisions 96Da37176, Nov. 22, 1996; 96Da49049, Oct. 10, 1997). According to each of the Evidence Nos. 6, 7, and 11, 12, and 16 (including serial numbers), the Defendant issued an attachment and application for auction against each of the instant movables with the U.S. District Court 2017Da5673, Apr. 26, 2017, the Defendant sold each of the instant movables to the Defendant at the above auction procedure and distributed the remainder of the execution cost to the Defendant.
According to the above facts, the compulsory execution based on the decision to determine the execution cost of the District Court 2017Kagla567 was all terminated, and the lawsuit in this case is unlawful as there is no benefit of the lawsuit.
Therefore, the defendant's main defense is justified.
3. As such, the instant lawsuit is unlawful.