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(영문) 창원지방법원 2019.11.29 2019가단112093

제3자이의

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Defendant B filed an application for the seizure and enforcement of corporeal movables with respect to the corporeal movables in the non-party company factory, including the movables listed in the separate sheet, based on an executory exemplification of the judgment in the Busan District Court Decision 2018Kadan13422 against the non-party company. Defendant D filed an application for the seizure and enforcement of corporeal movables in the Changwon District Court G in relation to the corporeal movables in the non-party company factory, including the movables listed in the separate sheet, based on the executory exemplification of the decision in the purchase price of the goods in the attached sheet, the Changwon District Court Kim Jong-si court 2019Ka219, the Changwon District Court,

The plaintiff asserts that since movable properties listed in the attached list are leased to the non-party company as owned by himself, compulsory execution by the defendants should not be allowed.

However, it is doubtful whether the contract was duly prepared as a contract, such as the date of the contract at the bottom and the purchaser at the bottom, a considerable gap on the seller’s entry, and the inter-humanity country is not consistent with the contract, although the Plaintiff submitted as evidence of the fact that the lease contract was concluded between the non-party company and the non-party company, the evidence No. 2 was indicated as a "goods lease contract"; however, there is a provision that the non-party company is indicated as the buyer, the Plaintiff, and its content cannot be viewed as a "goods lease contract" (e.g., Paragraph 5). The third part of the contract is doubtful as to whether the contract was duly prepared as a contract, such as the contract that the contract was concluded at the bottom and the buyer at the bottom and the seller’s entry on the seller’s entry, and the inter-humanity country is not consistent with the contract.