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(영문) 부산지방법원동부지원 2016.02.18 2015가합1542

제3자이의

Text

1. Attached Form 2, based on the executory exemplification of executive titles listed in attached Table 1, against H stock companies;

Reasons

1. Facts of recognition;

A. On September 23, 2014, G and H Co., Ltd (hereinafter “H”) drafted a notarial deed No. 1298 of Busan East-dong, Busan-dong, stating that “H recognized that it has a debt of 300,000,000 won for the loan to G, and determined the due date on September 30, 2014, and H transferred the ownership of the corporeal movables listed in the Attachment 2 List owned by it for the purpose of securing the performance of the said obligation (hereinafter “the instant corporeal movables”) to G by means of an occupancy revision, and that “H acquired it by transfer”).

B. On July 27, 2015, the Plaintiff entered into a contract with G to acquire all of the bonds listed in the said notarial deed and the instant corporeal movables in KRW 35,00,000.

C. Meanwhile, the Defendants, upon the judgment against H as shown in the attached Table 1 list, either confirmed or drafted a notarial deed.

(hereinafter referred to as “instant executive titles”) D.

The Defendants seized the instant corporeal movables based on the instant enforcement title.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, significant facts in this court, the purport of the whole pleadings

2. The plaintiff's assertion and judgment asserted that since the ownership of the corporeal movables in this case is not H, compulsory execution based on the execution title of this case by the defendants is unlawful.

In light of the above facts, the ownership of the instant corporeal movables shall belong to the Plaintiff, the final transferee. Therefore, the Defendants’ compulsory execution against the said corporeal movables on the premise that the said corporeal movables are owned by H is unlawful.

Therefore, the plaintiff's claim against the defendants of this case shall be accepted in entirety, and it is so decided as per Disposition.