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(영문) 서울동부지방법원 2017.10.25 2017가단4264

제3자이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Execution by a seizure of corporeal movables by the defendant;

A. On February 27, 2017, based on the judgment of the Seoul Central District Court 2006Gaso76196 case against C, the Defendant executed the seizure of corporeal movables (Seoul East District Court 2016Da3464) in accordance with the Gangdong-gu Seoul Gangdong-gu and 201, a residence of C, a residence of Gangdong.

(b)The goods seized in the enforcement of the attachment are as follows:

The appraisal value of the quantity of seized objects 1 to 400,000 won 2HDTV 1 to 2,50,000 won 3 small frequency 1 to 250,000 won / [based on recognition] 1 to 3 small frequency 1 to 150,000 won, entry in Gap evidence 1, and the purport of the whole pleadings

2. The ground for the claim (the plaintiff's assertion) is that the goods stated in the purport of the claim among the goods attached as above are previously awarded by the plaintiff and are owned by the plaintiff. Thus, the defendant's execution of seizure of such goods must be denied.

3. As above, the Defendant bears the burden of proving that the items stated in the purport of the claim among the items attached as above are identical to those previously awarded by the Plaintiff, namely, the Plaintiff’s ownership.

According to Gap evidence No. 2, the defendant, based on the above judgment, executed attachment (Seoul East Eastern District Court 2015No2382) for the following articles owned by C around 2015, and the plaintiff sold the articles for KRW 450,00 on October 15, 2015, which is the auction date, can be acknowledged that the dwelling of Gangdong was Seoul E and 102.

The claim that the plaintiff sold the above articles at the residence of 30,000 won in total of 1 to 50,000 won in the value of the quantity of the article 1 to 50,000 won in the value of the article 4 to 1 to 450,000 won in the value of the article 4 to 1 to 50,000 won in the value of the article 1 to 4 to 1 to 1 to 20,000 won in the electronic siren 2 to 5 to 1 to 30,000 won in the value of the article 3 to 3 to 5,000 won in the value of the 5 to 3 to 3 to 250,000 won in the value of the article 3 to 3 to 1 to 200,000 won in the value of the article 2 to 3 to 15, 205 to 1 to 200.