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(영문) 창원지방법원 거창지원 2018.12.11 2016가단11498

제3자이의

Text

1. Defendant F has the executory power of Defendant F in 209, the certificate of establishment of the original district prosecutor’s office against G by the Seoul District Prosecutors’ Office.

Reasons

Defendant F, on October 13, 2016, based on the original copy of a notarial deed with executory power of No. 19, 2009, issued by the original district public prosecutor’s office of the original district public prosecutor’s office against G in relation to the Plaintiff’s claim against Defendant F. However, each of the above movables is owned by the Plaintiff, not G. As such, the above movables are owned by the Plaintiff, not G. Therefore, the above compulsory execution is conducted against the property owned by a third party, not G, and thus, it should be dismissed.

Article 208(3)2, Article 150(3), and Article 150(1) of the Civil Procedure Act of the applicable provisions of the applicable provisions of the Acts (i.e., the Plaintiff’s judgment on the claim against Defendant B, C, D, and E farming association companies is established on March 20, 190 for the purpose of collecting earth and stones, manufacturing, and selling stone, and the trade name was changed to “I”) on September 30, 2009, and the company was registered again as G on May 7, 2010 (hereinafter “G”), and the Plaintiff is a company established on January 20, 2003 for the purpose of interim construction waste disposal business, waste stone recycling business, etc.

G on September 8, 1997, G completed the registration of ownership transfer on the ground of sale on September 6, 1997, with respect to J-gun, Chang-gun, Chungcheongnam-gun (hereinafter “instant land”).

on February 8, 199, K registered the business of manufacturing off the Offset stone with the trade name “L” and the location of the location of the instant land at the Sig Chang-gun Office.

G은 2000. 8. 9.경 연간 6,300톤의 폐석재 등을 크락샤로 분쇄혼합하여 건축, 토목공사용 성토재 등으로 재활용하는 내용의 폐기물재활용 신고를 한 후 2000. 10. 19. 거창군청으로부터 일일 규격 100톤의 파쇄시설(크랏샤)를 이용한 폐기물 중간처리업 허가를 받았는데, 위 폐기물 중간처리업 허가신청서에 첨부된 사업개요서의 “3. 시설 및 장비명세서“에는 ① 150HP의 크락샤 1대와 8.5HP의 컨베이어벨트 1대로 구성된 1차...