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(영문) 서울중앙지방법원 2019.08.23 2018가단37268

제3자이의의 소

Text

1. The Defendant’s enforcement of the Suwon District Court Decision 2017Gahap850 Decided January 31, 2018, in relation to E Company E.

Reasons

1. Basic facts

A. On December 8, 2015, the Defendant sold the F land in Ansan City to E Co., Ltd. (hereinafter “E”) for KRW 1,087,416,000 in purchase price, and in relation thereto, filed a lawsuit against E seeking payment of KRW 300,00,000 against E (U.S. District Court KRW 2017,850). A favorable judgment was rendered by the said court (hereinafter “instant judgment”), and the said judgment became final and conclusive around that time.

B. On June 7, 2018, according to the instant judgment against E, the Defendant completed the seizure of corporeal movables (hereinafter “instant compulsory execution”) with respect to corporeal movables listed in the attached attachment list located in the Gangnam-gu Seoul Metropolitan Government G Building H (hereinafter “instant corporeal movables”).

(I) of this Court;

The J Co., Ltd. (hereinafter referred to as the “J”) filed a lawsuit against the Defendant seeking the denial of compulsory execution of the instant corporeal movables since the instant corporeal movables are owned by the J or are the objects of the J or the Plaintiff (this Court Decision 2018Da37275). On May 24, 2019, the said court rendered a judgment to deny compulsory execution of the instant corporeal movables on the grounds that the said corporeal movables were owned by the J, and that the said corporeal movables were owned by the J and No. 1 and No. 11 among No. 5, No. 1 and No. 11 were a rental contract concluded by the J with the K Company, and that the said corporeal movables were occupied by the K Company and thus, the said court rendered a judgment denying compulsory execution of each of the said items on the grounds that they had the right of possession.

The above judgment became final and conclusive on June 19, 2019.

[Ground of recognition] Unsatisfy, substantial facts in this court, Gap evidence Nos. 1, 6, and 7, the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion asserts that the compulsory execution of the above article should be denied, since the number Nos. 5 and 11 among the corporeal movables of this case were the objects that were concealed with the funds of the plaintiff and J.

B. According to the evidence and the purport of the entire pleadings as seen earlier, the Plaintiff leased 4 computers from K company the number No. 5 of the instant corporeal movables.