제3자이의
1. Revocation of a judgment of the first instance;
2. On June 29, 2012, the Defendants as debtors, Gwangju District Court Decision 2012Kahap795 dated June 29, 2012.
1. Basic facts
A. The Defendants asserted that, on April 28, 2012, E, his/her his/her his/her dependent, had gone through the way to set up play equipment in G Gameland located in Gwangju F, operated by D. The Defendants filed an application for provisional seizure of corporeal movables with the Gwangju District Court 2012Kahap795 by setting the right to claim damages against D as preserved right, and the said court rendered a decision on the provisional seizure of corporeal movables (hereinafter “instant decision”).
B. On July 10, 2012, an enforcement officer delegated by the Defendants issued a provisional seizure on each of the items listed in the separate seizure list in the above gameland, which is the execution place of the instant decision.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 4 and 5, the purport of the whole pleadings
2. Determination as to the cause of action
A. Of the corporeal movables listed in the attached list of the Plaintiff’s assertion, “17 game machine (17)” (hereinafter “the instant game machine”) out of the corporeal movables indicated in the attached list of the Plaintiff’s assertion was leased without compensation to D from October 15, 2010 by H (hereinafter “H”). Since the Plaintiff purchased from H on July 4, 2012, prior to the enforcement date of the instant decision, it was owned by the Plaintiff, the execution of the said provisional seizure should be denied.
B. In full view of the respective descriptions and arguments in Gap's evidence Nos. 1 through 3, 7 through 12, 16 through 19, 23, 24, and 1 of Eul (including various numbers), the debtor of the provisional seizure against corporeal movables (the plaintiff stated I and I as the representative director of H in the preparatory document dated February 4, 2014), Eul prepared a free lease contract for the game machine of this case with H as of October 15, 201, and opened an ordinary amusement facility business with the trade name of G on November 25, 2010, while the J registered as an internal director from August 3, 20 to August 24, 201, and the remainder of the money paid for the said provisional seizure between the plaintiff and the defendant and the above provisional seizure. < Amended by Presidential Decree No. 22426, Oct. 25, 2010; Presidential Decree No. 22407, Oct. 24, 2010>