제3자이의
1. The Defendant has an executory power over the repayment of the debt amount No. 2013da2474 against Nonparty C by the Suwon District Court.
1. Basic facts
A. On January 18, 2013, the Defendant’s final and conclusive judgment on Nonparty C filed a lawsuit against Nonparty C seeking payment of KRW 30 million and damages for delay with the Suwon District Court Branch Decision 2013Da2474, and the said court rendered a judgment in favor of the Defendant on May 8, 2013 pursuant to Article 208(3)1 of the Civil Procedure Act, and the said judgment became final and conclusive around that time.
B. On September 9, 2015, the Defendant seized a television, etc. on the ground D’s land residing by C based on the authentic copy of the above executory judgment, and the detailed list is as shown in the attached Table 1.
C. On the other hand, the Plaintiff’s compulsory execution prior to the Defendant’s compulsory execution, and the Plaintiff purchased and received television, etc. in the compulsory execution procedure, No. 2012, No. 501, Jun. 21, 2014, 201, at the Suwon District Court’s Ansan District Court’s 2012, No. 501, Jun. 21, 2014, where he had been able to live in C and her children E, and the detailed list is as listed in
However, the Plaintiff left home tools purchased in the above residential area to possess C and E.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. The assertion and judgment
A. The gist of the plaintiff's assertion is that all movables listed in the separate sheet No. 1, which the defendant enforced, are included in each movable mentioned in the separate sheet No. 2, which the plaintiff purchased at the auction procedure for the above Ansan support. Thus, each movable listed in the separate sheet No. 1, which is owned by the plaintiff, shall not be subject to the defendant's compulsory execution.
B. Determination 1) The movable property set out in No. 6 List No. 1, the list No. 1 (the list drawn up at the time of seizure)
As seen from the point of view, the movable property described in No. 1 No. 6, the Defendant’s forced execution, is a propeller, and its model name is susss575C, and is the attached Table No. 2 (auction).