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(영문) 부산지방법원동부지원 2019.07.10 2019가단1383
제3자이의
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. On February 14, 2019, the Defendant filed an application for seizure of C based on the executory exemplification of the judgment of Busan District Court No. 2017 Ghana616. On February 14, 2019, the enforcement officer of this court rendered an attachment enforcement (hereinafter “each of the instant movables”) with respect to the movables listed in the separate sheet in Suwon-gu Busan District Court D (hereinafter “each of the instant movables”).

[Ground of recognition] A without dispute, entry of Gap evidence No. 4, purport of whole pleadings

2. The 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 restrain transfer or delivery of the object of compulsory execution, has infringed on the ownership or right thereof and seeks to exclude enforcement of compulsory execution, which is practically underway. Thus, in case where a lawsuit of demurrer by a third party is filed after the completion of the pertinent compulsory execution, or compulsory execution, which existed at the time of the filing of the lawsuit by a third party, is terminated during the course of

(2) In light of the legal nature of the instant lawsuit, the Defendant’s withdrawal of the application for seizure of each of the instant movable property on February 22, 2019, the following day after the instant lawsuit was filed, and the seizure was revoked around that time. As such, the instant lawsuit is unlawful on the grounds that there is no benefit of lawsuit, and thus, there is no benefit of lawsuit.

3. As such, the instant lawsuit is unlawful and thus dismissed. It is so decided as per Disposition.

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