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(영문) 부산지방법원 2019.07.16 2019가단309012
제3자이의
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

The plaintiffs filed the lawsuit of this case with the assertion that compulsory execution (BT delivery execution, etc. by the Busan District Court 2018Kadan318101) by the defendant against BN, BO, and BP was unlawful since it had been conducted against the articles owned or entitled to the plaintiffs.

The lawsuit of demurrer by a third party is unlawful in cases where a third party, who has ownership or right to prevent transfer or transfer of the object of compulsory execution, has asserted an objection against compulsory execution that is practically being carried out by infringing on such right, and seek the exclusion of enforcement. As such, in cases where a lawsuit 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 by a third party was filed, is terminated during the course of the lawsuit, there is no benefit of lawsuit.

(See Supreme Court Decision 96Da37176 Decided November 22, 1996, etc.). Comprehensively taking into account the respective descriptions and arguments in the instant case, the following facts, namely, compulsory execution against movables listed in the separate sheet, claiming that they are owned by the Plaintiffs, is completed on or around February 28, 2019, prior to the filing of the instant lawsuit, in view of the fact that the execution of delivery of movables was completed through the delivery of real estate and the execution of corporeal movables delivery, the instant lawsuit was already filed against the subject matter, and thus, there is no benefit of lawsuit.

Therefore, the plaintiffs' lawsuit of this case is dismissed, and it is so decided as per Disposition.

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