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(영문) 인천지방법원부천지원 2017.09.27 2017가단108662

제3자이의

Text

1. The Incheon District Court 2017 Ghana2437 rendered a ruling of recommending reconciliation with the executory power of the case against the defendant C.

Reasons

1. Basic facts

A. The Plaintiff’s father C was released from Korea on November 2015, and thereafter, the Plaintiff’s father C resided together with the Plaintiff at Seocheon-si, 402 (hereinafter “instant real estate”).

B. On June 16, 2017, according to the Incheon District Court Decision 2017Gaso2437, the Defendant seized C’s movable property indicated in the attached list with the real estate in this case on June 16, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1, 2-2 and 2-2, and purport of the whole pleadings

2. The Plaintiff asserts that real estate stated in the separate sheet is one’s own ownership. As such, in full view of the purport of the pleadings as to each of the descriptions listed in the separate sheet Nos. 3, 5 through 7, and 4-1 and 2, the Plaintiff may purchase TV listed in the separate sheet Nos. 1 around February 8, 2017, and purchase from her mother on or around October 2014, she may recognize the fact that the Plaintiff purchased lacing, air conditioners, and shock waves listed in the separate sheet Nos. 3 through 5 from her mother on or around March 16, 2016, she purchased lacing, air conditioners, and air conditioners listed in the separate sheet Nos. 2, 6 from Mamo-gu E from her mother on or around March 16, 2016, and she purchased lacing and air conditioners listed in the separate sheet Nos. 8, 9, respectively.

According to the above facts of recognition, since each item listed in the attached list is owned by the plaintiff, compulsory execution against a third party's property, not owned by C, the debtor, is illegal.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.