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(영문) 창원지방법원 2016.05.26 2016가합11
제3자이의
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Determination on the lawfulness of the instant lawsuit

A. The Plaintiff asserted that the instant movable is not owned by C, and that it is not owned by C, and the Defendant sought non-permission of compulsory execution regarding the instant movable on December 29, 2015 and December 31, 2015 based on the instant notarial deed.

ex officio, a lawsuit of demurrer by a third party is unlawful as there is no benefit of lawsuit in case where a third party, who holds ownership or right to prevent transfer or transfer of the object of compulsory execution, infringes on the ownership or right thereto and seeks to exclude the execution of compulsory execution being practically carried out. Thus, in case where a lawsuit by a third party is filed after the compulsory execution concerned is completed or compulsory execution, which existed at the time when the lawsuit by a third party is filed, is terminated during the course of the lawsuit by a third party.

(2) According to the reasoning of the judgment below, the court below erred by misapprehending the legal principles as to the admissibility of a movable property of this case, and by misapprehending the legal principles as to the admissibility of a movable property of this case, and by exceeding the bounds of the legal principles as to the admissibility of a movable property of this case, the court below erred by misapprehending the legal principles as to the admissibility of a movable property of this case. The court below erred by misapprehending the legal principles as to the admissibility of a movable property of this case.

2. In conclusion, the instant lawsuit is unlawful and dismissed, and it is so decided as per Disposition.

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