제3자이의
1. The plaintiff's claim is dismissed.
2. On June 23, 2016, this Court rendered an application for the suspension of compulsory execution against this Court.
1. The facts following the facts of recognition do not conflict between the parties, or may be found in the entries in Gap evidence 1 and Eul evidence 1, taking into account the whole purport of the pleadings:
The plaintiff is Cirous as Chers.
B. The Defendant filed a lawsuit against B on October 25, 2014, claiming the payment of the goods price of KRW 665,000 and damages for delay. In the said lawsuit, the decision of performance recommendation was finalized on October 25, 2014, which recommended B to perform as the Defendant’s above claim.
(hereinafter referred to as the “instant decision on performance recommendation”). (C) The pertinent decision on performance recommendation was made.
Accordingly, on June 15, 2016, the Defendant seized corporeal movables listed in the [Attachment 1] list under Busan District Court 2016No. 2652 (hereinafter “instant corporeal movables”) (hereinafter “instant corporeal movables”) with the title of execution of the instant decision on the recommendation of execution.
(hereinafter “instant compulsory execution”) 2. Determination
A. The plaintiff's assertion that the plaintiff purchased the instant corporeal movables in a compulsory execution procedure conducted by another creditor under B, and acquired their ownership, so the compulsory execution of this case shall not be permitted.
B. According to the evidence evidence evidence Nos. 2 and 4, the Busan District Court 2010Da3494, which was commenced upon the application of the other creditors of the B, was the purchase of corporeal movables listed in the list on July 20, 2010 (attached Form 2) in the movable auction procedure for the movable property auction procedure for the Busan District Court 2010Da3494, which was commenced by the Plaintiff. The attachment execution for the corporeal movables, etc. of this case was commenced by the Busan District Court 2013Da5037 upon the application of the loan for the management of the movable property by the other creditors of the B (hereinafter “foreign company”). The Plaintiff against the non-party company as the Busan District Court 2013Ga670955.
In the assertion as alleged in the foregoing paragraph, a lawsuit of demurrer by a third party seeking the denial of compulsory execution was filed and rendered a judgment in favor of a non-litigation, and the above judgment became final and conclusive at that time.