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(영문) 대전지방법원 2018.11.02 2017나114182

제3자이의

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Basic facts

A. The Defendants received the order of provisional seizure of corporeal movables (hereinafter “the provisional seizure order of this case”) under the head of Suwon District Court Branch Branch 2017Kadan397, as regards each set file (SHEPPE) and H beam beam (hereinafter “the instant corporeal movables”) recorded in the attached list, which was kept in the open storage place located in Seoan-gu, Seoan-gu, Seoan District Court in the area of Y (hereinafter “instant open storage”) where D’s loan claims amounting to KRW 200,000,000 against D as preserved right.

B. On March 28, 2017, the Defendants executed the execution of the provisional seizure of corporeal movables (hereinafter “execution of the provisional seizure of this case”) on the instant corporeal movables on the basis of the decision of the provisional seizure of this case. At the time, the execution officer confirmed that the instant corporeal movables were owned D, and asked G, who is the lessor of the instant camping site, for the same purport, the execution of the provisional seizure of corporeal movables was completed.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion that the instant corporeal movables are owned by the Plaintiff, which was purchased from E, and kept in custody of D, so the execution of the instant provisional seizure should not be permitted.

B. In full view of the following circumstances, the evidence Nos. 21 and 23, which appears to conform to the Plaintiff’s assertion, is difficult to believe as it is, and the evidence submitted by the Plaintiff alone, is insufficient to recognize that the corporeal movables in the instant case are the goods owned by the Plaintiff, and there is no other evidence to prove otherwise.

Therefore, the plaintiff's above assertion is without merit.

① On April 4, 2017, G: “The instant corporeal movables to the Defendants” are from the beginning of April 2015.