제3자이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Presumed facts (out of dispute) (the Defendant: (a) based on the original copy of an executory payment order issued by Seoul East Eastern District Court 2014Guj2776 (hereinafter “instant building”) against ASEAN; (b) based on May 23, 2016, the Defendant executed attachment enforcement under this Court No. 2016Du2177 with respect to the movable property indicated in the attached list on the attached list, which was over C and 3 (hereinafter “instant building”).
2. The plaintiff asserts that the plaintiff himself owns the building of this case, and B does not live in the building, but resides in B's children, and the movable property stated in the attached list is purchased by himself for the grandchildren, so the defendant's compulsory execution against the above movable property should not be allowed.
3. A lawsuit of demurrer by a third party is a lawsuit seeking the exclusion of enforcement in cases where the third party has ownership or a right to prevent transfer or transfer of the subject matter of enforcement, and the ground for objection is that the subject matter of enforcement is owned by the plaintiff or the right to prevent transfer or transfer of the subject matter to the plaintiff.
In light of the fact that the Plaintiff did not reside in the above building and that the goods owned by the instant building were discovered from the building at the time of execution (Evidence A1 and the purport of the entire pleadings), it is insufficient to recognize that the said movable property is owned by the Plaintiff only by evidence Nos. 2 and 4. There is no other evidence to acknowledge
The plaintiff's claim is dismissed for lack of reason.