제3자이의
1. The plaintiff's claim is dismissed.
2.As to the case of application for suspension of enforcement by this Court 2015 Chicago15
1. Determination as to the cause of claim
A. The gist of the Plaintiff’s assertion argues that the attachment is unfair since the Defendants’ attached list (the location: the main office of the non-party association of the third floor of the building in Jung-gu Incheon, Jung-gu; hereinafter “instant heating and cooling equipment”) based on the enforcement title stated in the purport of the claim against the non-party association belongs to the Plaintiff’s ownership, a third party of the above enforcement title.
In other words, the plaintiff is an attorney-at-law who has entered into a legal advice contract with the non-party union, and at the time, directly purchased the heating and cooling equipment of this case with the plaintiff's funds in order to visit and hold meetings at the principal office of the non-party union with poor financial conditions, and as a kind of loan for use, let the non-party union use it free of charge
B. In a lawsuit filed by a third party, the burden of proving that the enforcement occurred in the lawsuit by the third party, namely, the ownership of the subject matter of compulsory execution, is the plaintiff.
However, barring any special circumstance, the owner of a thing managed by the registration, such as a real estate automobile, can easily be identified by the entry in the registration book. However, the corporeal movables not managed by the registration, such as the heating and cooling machine in this case, should be identified as the owner, by comprehensively taking into account the possession and use status of the thing, the developments leading to the purchase, and the existence of a special agreement on the disposal of the article.
According to the health table, evidence Nos. 5, 6, and 8 as to the instant case, the Plaintiff purchased the instant heating and cooling machine from a seller (mutual name E) on July 9, 2014 in KRW 2,068,00.
However, in full view of the following opposing circumstances, the above purchase is alone.