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(영문) 대구지방법원경주지원 2017.07.18 2016가단5323 (1)

제3자이의

Text

1. The Defendant’s decision of performance recommendation against Nonparty C on August 27, 2016, Busan District Court Decision 2016 Ghana 47782.

Reasons

1. Basic facts

A. On January 26, 2016, the Plaintiff, a pro-friendly type of Nonparty C, purchased each of the corporeal movables listed in the separate sheet No. 102,000 (hereinafter “instant corporeal movables”) in total at KRW 4,620,00 in the instant court’s corporeal movables auction date, which is the residence of Nonparty C, at the instant court’s corporeal movables auction date.

B. Since then, the Plaintiff had C use the instant corporeal movables.

C. On November 2, 2016, the enforcement officer of the instant court seized each of the movables listed in the [Attachment Nos. 1 to 12, among the instant corporeal movables, which were located in C’s residence on the basis of the executory exemplification of the decision of performance recommendation rendered by the Busan District Court No. 2016 Ghana 47782, August 27, 2016 (hereinafter “instant seized movables”).

(This Court 2016No. 566, hereinafter referred to as the "Compulsory Execution in this case"). 【No dispute exists, each entry in Gap evidence Nos. 1 through 4 (including provisional numbers), significant facts in this Court, and the purport of the whole pleadings.

2. According to the facts of the judgment on the cause of the claim, the Plaintiff acquired the instant corporeal movables by auction, and thus, the seized movables of this case are deemed to be owned by the Plaintiff.

Therefore, the compulsory execution of this case against the seized movables of this case shall not be permitted.

3. In conclusion, the plaintiff's claim of this case is justified, and this court decides to accept the case of application for the suspension of compulsory execution as of November 30, 2016, and to authorize the decision of the suspension of compulsory execution as of November 30, 2016. It is so decided as per Disposition.