제3자이의
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. On October 26, 2010, the Defendant applied for a payment order against C seeking payment of a loan of KRW 50,000,000,000,000 to the Changwon District Court Branch Branch Decision 201Da3296, and the payment order (hereinafter “instant payment order”) was issued. The above payment order was served on C on November 25, 2010 and became final and conclusive around that time.
B. The Defendant filed an application for the seizure of corporeal movables with the executory exemplification of the instant payment order under the Changwon District Court No. 2014No. 697, and on March 12, 2014, the execution officer affiliated with the Changwon District Court applied for the seizure of corporeal movables, and on March 14:46, 2014, the execution officer attached to the Changwon District Court conducted the seizure of corporeal movables (hereinafter “instant seizure”).
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The plaintiff's assertion
A. The Plaintiff is engaged in the export business of used cars from the window G of Changwon-si to the name of “J”, and the Plaintiff purchased the instant attached goods from C, etc. for its business purposes.
Therefore, the plaintiff is the owner of the seized article of this case, and the compulsory execution such as the seizure of this case is unfair.
B. The Defendant’s obligation based on the instant payment order was paid in full by the Defendant, and the Defendant agreed with C only with C around January 2012 in the criminal case pertaining to the pertinent claim, and the Defendant’s execution title based on the instant payment order became null and void because it did not raise any civil or criminal objection with respect to the said case.
3. Determination
A. One unit of claim for ownership, one vehicle number K, two vehicle number L, M, one motor vehicle number N, one motor vehicle number N, and one motor vehicle number "Ma mining", which is an OM, is the object of the instant seizure, and there is no dispute between the parties, and the facts subject to the instant seizure are as follows. < Amended by Act No. 2,6,9,10,13, 14, 17 through 17.