제3자이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On November 7, 2017, based on the executory exemplification of the judgment rendered by the Daegu District Court Branch 2015Gaso2845, the Defendant: (a) based on C’s Pohang-dong D apartment in Yongsan-gu, Yongsan-gu, the residence of C on November 7, 2017; (b) corporeal movables in the separate sheet No. 109, 704 (hereinafter “each of the instant movable property”); (c) 1 unit of laundry (10kg), 1 unit of cooling-gu, 56-g, 1 unit of kimchi (three hundred, 310-g), 1 unit of Kimchi-gu, 2017, 1 unit of laundry-gu, 574-g), and 1 unit of electronic siren (LG) with respect to the instant corporeal movables in the separate sheet No. 2017.
[Evidence] Facts without dispute, Gap evidence No. 1, the purport of the whole pleadings
2. Determination:
A. The Plaintiff’s assertion asserts that, among corporeal movables subject to the instant compulsory execution, each of the instant movables is owned by himself/herself, who requested the custody of C in the process of his/her directors, and thus, the compulsory execution of the instant movables ought to be denied.
B. According to the Plaintiff’s assertion No. 2, the Plaintiff could only recognize the fact that the Plaintiff remitted KRW 2,00,000 to C on September 30, 2016, and such fact alone is difficult to deem that the Plaintiff paid the said money to C and purchased each of the instant movables.
In addition, each photograph (No. 3-1-4) submitted by the Plaintiff with an order to prove the Plaintiff’s ownership was affixed to Typ and computer monitors, air conditioners, etc., and the images do not coincide with each other’s own property, and thus, each of the instant movables is insufficient to recognize that each of the instant movables owned by the Plaintiff was owned by the Plaintiff.
In addition, there is no other evidence to acknowledge that each of the instant movable properties is owned by the Plaintiff, and the Plaintiff’s assertion is without merit.
3. The plaintiff's claim is dismissed according to the conclusion.