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(영문) 창원지방법원 2020.02.20 2019가합52709

제3자이의

Text

1. The defendant is based on the executory exemplification of No. 1950 of D Deed No. 1950 by the notary public against C.

Reasons

According to the purport of each statement and each statement and each of Gap evidence Nos. 1 through 13, the defendant is acknowledged to have purchased the instant machinery from H Co., Ltd. on December 12, 2006 and leased the instant machinery to C on October 12, 2018, based on the executory exemplification of the notarial deed No. 1950 of the D deed No. 1950. The defendant applied for the seizure of the movables listed in the attached list to the Changwon District Court G (hereinafter "the instant machinery"). The execution officer of the Changwon District Court attached the instant machinery on April 30, 2019.

According to the facts established above, since the instant machine is owned by the Plaintiff, not C, the Defendant’s notary public against C is not entitled to compulsory execution against the instant machine on April 30, 2019 based on the executory exemplification of No. 1950 of the D Deed No. 1950, 2017.