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(영문) 대전지방법원천안지원 2015.04.09 2015가단1037

제3자이의

Text

1. The Defendant’s notary public against C is an authenticated copy of a notarial deed with the executory power of No. 1964, No. 1964, 2014.

Reasons

The plaintiff asserts that each item listed in the attached list is owned by the plaintiff, not C, and that the defendant is not entitled to compulsory execution based on the executive title against C.

In a lawsuit of demurrer by a third party, the plaintiff, who is a third party, must prove that the goods are owned by the third party. According to each of the statements in Evidence Nos. 3 through 6, it can be recognized that the plaintiff or her husband purchased each of the items listed in the separate sheet Nos. 1, 2, 4, 7, and 8. However, there is no evidence to acknowledge that the remaining items listed in the separate sheet Nos. 3 and 5 are owned by the plaintiff, not by C.

Therefore, the plaintiff's claim is reasonable within the scope of seeking non-permission of compulsory execution against each item mentioned in the separate sheet Nos. 1, 2, 4, 7, 8, and it is decided as per Disposition.