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(영문) 의정부지방법원고양지원 2020.11.18 2020가단5702

제3자이의

Text

1. The Defendant’s notary public against C is the authentic copy of a notarial deed with the executory power of No. 840, 2019, written D.

Reasons

1. Facts of recognition;

A. From September 4, 2016 to November 15, 2016, the Plaintiff purchased corporeal movables listed in the attached seizure list (hereinafter “instant corporeal movables”), and kept the said corporeal movables in the building E and F (hereinafter “the domicile of the instant case”) in the Seocho-gu, Seoyang-gu, and the said corporeal movables at the domicile from December 6, 2016.

B. C completed a move-in report at the domicile of this case around February 27, 2018, and lived with the Plaintiff from around that time, and went out of the domicile of this case around December 2018.

C. On May 12, 2020, the Defendant attached the instant corporeal movables based on the authentic copy of a notarial deed with the executory power of No. 840, 2019 (hereinafter “instant notarial deed”) by a notary public against C on May 12, 202.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 7 evidence, Eul's 1, the purport of the whole pleadings

2. Determination

A. According to the above facts of the judgment on the cause of the claim, since the corporeal movables of this case are owned by the plaintiff, compulsory execution against the corporeal movables of this case was conducted against the objects not owned by C, the execution debtor.

The Plaintiff, as the owner of the instant corporeal movables, has the right to seek a exclusion of compulsory execution against the Defendant for the instant corporeal movables.

B. The defendant's assertion is asserted to the purport that since the plaintiff liveds with C for a long time, and C used the money borrowed from the defendant as the security deposit for beauty room operated by the plaintiff, it is jointly and severally liable with C to repay the debt.

It is difficult to acknowledge the above assertion only by the descriptions of evidence Nos. 2 and 3, and there is no other evidence to prove that the corporeal movables of this case are the property owned by C or the property held by C. Thus, the above assertion by the defendant is rejected.

C. On the basis of the authentic copy of the notarial deed of this case, the defendant on May 12, 2020.