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(영문) 광주지방법원 순천지원 2018.04.11 2017가단9507

제3자이의

Text

1. The defendant has the power to execute the payment order against the Gwangju District Court's Yacheon District Court's 2007j334.

Reasons

1. Facts of recognition;

A. The plaintiff is a partner of C.

B. On May 2015, the Plaintiff paid KRW 88,709,000 to Korea Agricultural Materials Steel Co., Ltd., and installed the Da, E, and F ground steel Haung-gun, Haung-gun (hereinafter “Hashes”).

C. In around 2015, the Plaintiff purchased from G the articles listed in the separate sheet (hereinafter “instant hot blast”) from G in the amount of KRW 10 million, and installed in the instant house.

Meanwhile, on April 17, 2007, the Defendant filed a payment order with the Gwangju District Court 2007Da334 (hereinafter “Seoul District Court”), which became final and conclusive on May 4, 2007.

E. Based on the executory exemplification of the above payment order, the Defendant filed an application for the seizure of corporeal movables relating to the hot flag of this case with the Gwangju District Court 2017No1581, and the said court executed the seizure on September 26, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, 10, 11 (including branch numbers, if any) and the purport of the whole pleadings

2. According to the above facts of recognition, since the owner of the hot wind in this case is the plaintiff, the above compulsory execution based on the premise that C is its owner shall not be permitted.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.