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(영문) 울산지방법원 2015.01.27 2014가단30017

제3자이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant filed a lawsuit against B on the claim for the purchase price of goods with Busan District Court 2014Da60572, and was rendered a favorable judgment from the above court.

B. On the basis of an executory exemplification of the above judgment, the Defendant seized the attached list of corporeal movables in the attached Form No. 112, 504, Ulsan-gu, Ulsan-gu, 112, and 504 (hereinafter “instant movables”) based on the executory exemplification of the said judgment.

[Ground of recognition] Facts without dispute, Gap evidence 2 and 3, purport of the whole pleadings

2. The Plaintiff asserts that the instant movable was owned by the Plaintiff and its wife, and that the Plaintiff lent the instant movable property to B and its wife.

On February 2014, the instant movable was owned by the Plaintiff, and the instant movable was leased to D on May 20, 2014. However, even if the instant movable was not repaid with money, it is very exceptional and D having provided the instant movable, it is difficult to recognize that the Plaintiff again leased the instant movable to D with the Defendant’s wife around February 2014, while the Plaintiff lent KRW 3 million to B’s wife, and the instant movable was not paid with D money. The instant movable was leased to D on May 20, 2014.

Therefore, the plaintiff's assertion is without merit.

3. The plaintiff's claim for conclusion is dismissed as there is no reasonable ground.