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(영문) 의정부지방법원 2019.01.29 2018가단13011

제3자이의

Text

1. The Defendant’s loans, etc. against Nonparty D rendered by the Daegu District Court on July 27, 2016 at the 2016 Ghana1825 dated July 27, 2016

Reasons

1. Basic facts (no dispute exists);

A. The Defendant filed a lawsuit against Nonparty D seeking payment of loans, etc. (2016 Ghana 18225) and received a decision of performance recommendation on July 27, 2016.

B. On May 16, 2018, the Defendant, upon the final decision of performance recommendation, performed a compulsory execution on the corporeal movables listed in the separate sheet.

2. The plaintiff asserts that a compulsory execution is unjust since the corporeal movables listed in the separate sheet are owned by the plaintiff and provided a real estate as the location of the corporeal movables listed in the separate sheet to D as the place of residence.

In the lawsuit of a third party’s objection, the burden of proving that the subject matter of compulsory execution is the Plaintiff’s ownership or the right to block the transfer or delivery to the Plaintiff is the Plaintiff.

In the instant case, comprehensively taking account of the overall purport of the pleadings in the evidence evidence Nos. 1 through 10, the Plaintiff leased the instant real estate, which is the location of the corporeal movables indicated in the separate sheet, from Nonparty E on December 27, 2015, and the Plaintiff purchased a receipt from the Plaintiff from the corporeal movables to July 2013, 2012. The remaining corporeal movables constitute ordinary goods necessary for home life together with the remaining corporeal movables, but D, on June 15, 2017, was transferred to G on December 6, 2018. According to the above acknowledged facts, it is reasonable to deem that the corporeal movables indicated in the separate sheet are owned by the Plaintiff.

3. Accordingly, the plaintiff's claim is reasonable.