(영문) 대전지방법원 2017.07.18 2017나100947

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(영문) 대전지방법원 2017.07.18 2017나100947

제3자이의

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1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. On December 24, 2013, the Plaintiff: (a) donated a building on the ground (hereinafter “each of the instant buildings”) which was indicated in the relevant drawings from Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do; and (b) acquired the ownership of the building; (c) subsequently, the Plaintiff asserts that the Defendants’ enforcement of the instant judgment against D should not be permitted as an enforcement of the goods owned by the third party, a third party.

A lawsuit of demurrer by a third party on the legitimacy of the lawsuit of this case, and a lawsuit of demurrer by a third party is brought against a third party who has the right to prevent ownership, transfer, or transfer of the object of compulsory execution and to seek an exclusion from the execution of compulsory execution, which is practically being carried out by infringing on such right. As such, in a case where a lawsuit of demurrer by a third party is brought after the compulsory execution concerned is completed, or a compulsory execution which existed at the time when the lawsuit of objection by a third party was brought against the third party is terminated during the course of

(See Supreme Court Decision 96Da37176 delivered on November 22, 1996, etc.). In full view of the overall purport of the arguments in the statements No. 1 and No. 4 and No. 5 (including the provisional number), the order of the judgment of this case was to be removed from each of the buildings of this case by D to the Defendants, and the Defendants can be acknowledged by the judgment of this case as to June 13, 2017, by the Daejeon District Court 2016No299 delivered on the basis of the judgment of this case. Accordingly, compulsory execution based on the judgment of this case was all terminated.

Therefore, the lawsuit of demurrer by the third party is terminated while the lawsuit is pending, and it is unlawful as there is no interest in the lawsuit as there is no need to examine the remaining arguments of the plaintiff.

2. Thus, the lawsuit of this case shall be dismissed as unlawful, and the judgment of the court of first instance differs from this conclusion.

참조판례

-대법원 1996. 11. 22. 선고 96다37176 판결

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