제3자이의
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The facts of recognition are as follows: (a) on January 22, 2015, the Defendant: (b) each of the corporeal movables listed in the separate sheet No. D and the second floor No. 201 (the seizure list of corporeal movables is indicated as “the second floor right” in the seizure list of corporeal movables; hereinafter “the instant house”) based on the executory order of the payment order in the payment order in the Namyang-si District Court of the Republic of Korea case of 2014j391, Namyang-si, Seoul District Court; (c
2) The Plaintiff and C paid the Plaintiff from the account in the name of the Plaintiff from April 4, 2010 to June 15, 2015 to May 18, 2009, and C filed a move-in report on the instant house on January 27, 2010, which was approximately one year and seven months after the Plaintiff’s live together. The Plaintiff entered into a lease agreement with the Plaintiff on April 8, 2009 with the lease deposit amount of KRW 5,00,000, monthly rent of KRW 350,000, and KRW 350,000. The Plaintiff appears to have been holding the move-in report on the instant house solely based on the circumstance that the Plaintiff paid the Plaintiff from May 18, 2009 to June 2015 to June 16, 2015 to the point that each of the instant movable properties appears to have been owned by the Plaintiff.
Therefore, compulsory execution against each of the above movables cannot be permitted on the premise that each of the above movables is owned by C.
3. As such, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just and correct.