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(영문) 광주지방법원순천지원 2019.06.18 2018가단4509

제3자이의

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 24, 2018, based on the executory exemplification of the decision of recommending reconciliation 2015Reu2161 on July 25, 2016 to Gwangju High Court, the Defendant seized each of the corporeal movables listed in the Attachment List D and E (hereinafter “each of the instant corporeal movables”) located within the residence of C (hereinafter “instant apartment”) on May 24, 2018.

B. The plaintiff is the omission of C.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 4, and 5 (including each number, if any)

2. Determination as to the cause of action

A. Since each of the instant corporeal movables alleged by the Plaintiff is an object owned by the Plaintiff, the execution of seizure against each of the instant corporeal movables based on the enforcement title against C is unreasonable.

B. A lawsuit of demurrer by a third party is a lawsuit seeking the exclusion of enforcement in cases where a third party has ownership or a right to restrain transfer or transfer of an object of enforcement, and that said third party has an objection to compulsory execution that infringes on said right. The burden of proving that the ground for objection is that the object of compulsory execution is owned by the plaintiff or is entitled to prevent transfer or transfer to the plaintiff.

C. Considering the following circumstances revealed through the statements and images of Gap evidence Nos. 3 and Eul evidence Nos. 1 through 5 (including each number), and other circumstances, the process of acquiring the apartment of this case, the relationship between C and the plaintiff, and the defendant and G, it is difficult to view the plaintiff as the owner of each of the corporeal movables of this case, and there is no other evidence to prove otherwise.

The plaintiff's assertion is without merit.

1) C has committed a fraudulent act with G as the husband of the Defendant, and the executive title against the Defendant C is based on the Defendant’s claim for consolation money against C. 2) C, G, and H, his father, in the apartment of this case.