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(영문) 대전지방법원홍성지원 2015.08.11 2015가단3716

제3자이의

Text

1. The wages case No. 2014 Ghana4509 between the Defendant and C has executive force.

Reasons

1. Facts of recognition;

A. On February 2, 2012, the Plaintiff purchased corporeal movables listed in the attached Form 2 List D (hereinafter “instant auction objects”) in the process of the compulsory auction by corporeal movables at the Daejeon District Court Hongsung Branch of the Daejeon District Court at KRW 11,900,000.

B. On March 13, 2012, the Plaintiff left the custody of the instant auction goods to C (alias: E) by allowing Asan City F to use and benefit from the instant auction goods.

C. Since then, upon the Plaintiff’s consent, C transferred to G the right to use and benefit from corporeal movables owned by the Plaintiff, including the instant auction goods. On July 27, 2012, the Plaintiff, between G and creditors, G, the debtor and security offerer, and the Plaintiff’s corporeal movables, including the instant auction goods, as a transfer security, was also prepared a notarial deed under a money loan agreement for transfer and security.

G operated the above corporeal movables with the industrial intent, and again transferred the right to use and profit from the said corporeal movables to C with the consent of the plaintiff, and C operated the industrial company with the said corporeal movables.

E. Meanwhile, the Defendant, upon receipt of a recommendation for performance in the wage case of the Suwon District Court 2014Gau4509, whose executory power over C with respect to C, seized corporeal movables as the Hongsung Branch of the Daejeon District Court 2015No. 91 on March 2, 2015 with respect to corporeal movables listed in the separate sheet No. 1 list at the Chungcheongnamnam Budget Group H.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, witness C and G's testimony, purport of the whole pleadings

2. Although the instant auction goods and the items of corporeal movables listed in the separate sheet No. 1 are not accurately in accord with the above facts, according to the above facts, C, G, and C have used and benefit from the instant corporeal movables owned by the Plaintiff, including the instant auction goods, and the corporeal movables listed in the separate sheet No. 1 appears to be part of the corporeal movables in the transfer security list among the notarial deeds prepared between the Plaintiff and G, as shown in the separate sheet No. 1.