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(영문) 서울서부지방법원 2020.05.14 2020가단295

제3자이의

Text

1. The Defendant’s enforcement of the Seoul Eastern District Court Decision 2016Da319727 Decided May 31, 2017 with respect to E.

Reasons

1. Basic facts

A. F Co., Ltd. filed a lawsuit against E (2016 Ghana319727) against the Seoul Eastern District Court and was sentenced to a favorable judgment as of May 31, 2017 (hereinafter “instant judgment”).

B. The Defendant, as the assignee of the instant claim under the instant judgment, filed an application for the seizure of corporeal movables in Seoul Mapo-gu H Apartment and I located in G of this Court under the instant judgment, and the execution officer affiliated with the instant court, who was delegated by the Defendant, seized corporeal movables in the attached list on January 8, 2020 (hereinafter “instant compulsory execution”).

[Ground of recognition] Facts without dispute, Gap-5, Eul-1's entries, the purport of the whole pleadings

2. In light of the fact that there is no dispute over the cause of the claim, the overall purport of the entries and arguments by Gap 1 through 4, and 6 (including the branch numbers), the plaintiff Eul is the son of the plaintiff Eul, the plaintiff Eul is the wife of the plaintiff Eul, the "Seoul Mapo-gu H apartment and I" at the domicile of Eul is the original plaintiffs and Eul, and Eul was the domicile of the plaintiff and Eul since 201. Since 201, the plaintiff Eul was selected from around 201, and thereafter, the plaintiff Eul purchased the air conditioner listed in the attached Table 1, the e-mail, the air conditioner, the chip, the chip 2, and the air condition.

Therefore, since each corporeal movables listed in the separate sheet are deemed to be owned by the plaintiffs, compulsory execution against the corporeal movables of this case shall be dismissed.

3. In conclusion, the plaintiffs' claims are accepted on the grounds of all the reasons.

(A) The Plaintiff, upon filing the initial lawsuit, stated that the entire compulsory execution of this case is not permitted, and subsequently, omitted corporeal movables listed in the separate sheet 4 while supplementing the detailed contents of the purport of the claim. The subsequent documents submitted by the Plaintiffs and supporting materials, omitted corporeal movables listed in the separate sheet 4 is deemed as a simple clerical error, and thus, it was determined that the claim for corporeal movables listed in the separate sheet 4 is included in the separate sheet 4).