제3자이의
1. The Defendant’s payment order with executory power (Seoul Northern District Court Order 2015Da1217, Feb. 2, 2015) against B.
1. Basic facts
A. On July 10, 2015, based on the payment order issued by the Seoul Northern District Court No. 2015Hu1217, the Defendant seized corporeal movables (hereinafter “instant compulsory execution”) with respect to each movable property indicated in the separate sheet in the Plaintiff’s residence at the Plaintiff’s residence.
B. The Plaintiff is a child of B.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Determination
A. On January 11, 2012, the Plaintiff asserted that each movable asset indicated in the separate sheet was purchased from C, and each of the said movable assets is owned by the Plaintiff.
Therefore, compulsory execution made by the defendant against each movable in the separate sheet in the name of debt against B should not be permitted.
B. Determination 1) In full view of each of the facts admitted under paragraph (1) above, evidence, evidence Nos. 2 and 3, and the purport of the entire pleadings, the Plaintiff purchased each of the movables listed in the separate sheet Nos. 1, 2, 3, 5, 7, 8, 9, 10, and 12 from C on January 11, 2012, each of the above movables appears to be owned by the Plaintiff. Therefore, the instant compulsory execution against each of the above movables cannot be permitted as it infringes upon the Plaintiff’s ownership. 2) The other evidence submitted cannot be deemed as the movables listed in the separate sheet Nos. 4, 6, 11, and 13 alone, and there is no other evidence to acknowledge it otherwise.
Therefore, the compulsory execution of this case against each of the above movables is justifiable.
3. Thus, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit.