제3자이의
1. The plaintiff's claim is dismissed.
2. On the case of the suspension of compulsory execution against Daegu District Court Port Branch 2015Kagro April 2015
1. Basic facts
A. The Defendant filed an application for compulsory execution of corporeal movables with the same court 2014No1407 based on the executory exemplification of the judgment in the Daegu District Court Port Branch 2014Gaso846 case (amended by November 12, 2014) against C, and the enforcement officer affiliated with the same court seized the instant corporeal movables on December 4, 2014.
B. On the other hand, on November 20, 2014, between C and C, the Plaintiff set the due date as of February 7, 2014, and lent KRW 20 million to C as of September 30, 2014, and drafted a notarial deed with the content that the instant corporeal movables are provided as collateral for transfer (hereinafter “instant notarial deed”).
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings
2. Assertion and determination
A. The Plaintiff asserted that: (a) on February 7, 2014, the Plaintiff lent KRW 20,000,000 to C on September 30, 2014; and (b) on September 30, 2014, C was unable to repay this even after the maturity date; and (c) on November 20, 2014, C provided the instant corporeal movables as collateral for transfer to the Plaintiff.
Therefore, since the corporeal movables of this case are owned by the plaintiff, compulsory execution against the corporeal movables of this case shall be dismissed.
B. The ground for objection in a third party’s lawsuit, i.e., the Plaintiff bears the burden of proving that the instant corporeal movables are owned by the Plaintiff, and the Plaintiff submitted the evidence No. 4 (Detailed Statement of Transactions of Self-reliance Deposit) as evidence that lent KRW 20 million to C, but according to the above evidence, the total amount of the money transferred by the Plaintiff to C during the period from January 16, 201 to December 10, 201, on the other hand, KRW 67,717,00,00, while the sum of the money transferred by C to the Plaintiff is KRW 68,626,100, the sum of the money transferred by C to the Plaintiff is more than KRW 68,626,100, and the Plaintiff asserted that the Plaintiff did not submit objective financial data and traded cash other than the above evidence No. 4, and the date on which the Plaintiff prepared the No. notarial Deed between C and C was the Defendant’s on November 20, 2014.