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(영문) 전주지방법원 군산지원 2021.01.19 2020가단55235
제3자이의
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The Plaintiff owned the attached list “List” (hereinafter “instant article”) and the Defendant seized the instant article on July 29, 2020 based on the executory exemplification of the judgment of Jeonju District Court 2017Kadan5617 (hereinafter “the instant judgment”). The said compulsory execution asserted that it is unfair and filed the instant lawsuit.

2. On the basis of the original copy of the judgment of this case, the defendant confirmed that the owner of the goods of this case was not C and withdrawn a compulsory execution against the goods of this case, and thus, the lawsuit of this case is not beneficial.

3. A lawsuit of demurrer against a third party is a lawsuit seeking an objection against a compulsory execution that is practically underway by infringing on the ownership or right of the subject matter of compulsory execution and seeking exclusion of enforcement. Thus, if a lawsuit of demurrer against a third party was filed after the completion of the pertinent compulsory execution or compulsory execution, which existed at the time of the filing of a lawsuit of demurrer against a third party, is terminated during the course of the lawsuit, the incidental law has no interest in the lawsuit (Supreme Court Decision 96Da37176 delivered on November 22, 1996). On April 4, 199, according to the records of evidence No. 1, evidence No. 1, evidence No. 1, and evidence No. 1, the defendant applied for compulsory execution against the subject matter of this case on July 24, 2020, and the compulsory execution against the subject matter of this case on August 18, 2020 after the seizure of the subject matter of this case on July 24, 2020.

5. If so, the instant lawsuit is unlawful and thus dismissed, it is so decided as per Disposition.

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