beta
(영문) 수원지방법원 2015.10.27 2015가단111132

제3자이의

Text

1. The plaintiff's claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On March 31, 2015, the Defendant attached the attached attached list (hereinafter referred to as the seized object of this case) based on C’s Diplomatic Office Certificate 2015216 No. 2016 (hereinafter referred to as the “notarial Deed”).

Grounds for Recognition: Facts without dispute, entry of Gap evidence 1

2. Plaintiff’s assertion and judgment thereon

A. The plaintiff's assertion that the plaintiff employed C to operate the Kukdong EF gas station (hereinafter "F gas station"), paid 110,000,000 won for lease deposit by lending his title, and registered the site and building of the F gas station, and purchased and kept the seizure of this case in order to sell the goods at the F gas station with the plaintiff's funds. However, although the defendant was the operator of the F gas station, the operator of the F gas station, who was under custody for sale at the F gas station, was the C, and executed the seizure of the seized goods in this case, the operator of the F gas station, and the actual operator of the F gas station was the plaintiff, and the attached goods of this case are owned by the plaintiff, the defendant should not be subject to compulsory execution for the seized goods of this case, which is the plaintiff's ownership, based on the notarial deed of this case, which is the debtor of the F gas station.

B. As to whether the Plaintiff is entitled to ownership of the seized article of this case, comprehensively taking account of the health team, Gap evidence 1, Gap evidence 2-1 to 4, Gap evidence 3, Gap evidence 4, 5-1, Gap evidence 6-2, Gap evidence 6-1, 2, 3, Gap evidence 7, 8, Eul evidence 1, witness evidence 7, Eul evidence 1, and witness evidence G's testimony, the Plaintiff entered into a lease agreement with Eul with the plaintiff's plaintiff's name as the head of the title branch in order to operate the F station, while the plaintiff entered into a lease agreement with the plaintiff's name for the purpose of operating the F station, and the plaintiff registered the petroleum selling business in the name of F station.