제3자이의
1. The Defendant’s executory exemplification of the Decision 2017Gau182 rendered by the Court of Gwangju District Court’s Netcheon-si Branch for C is an executory exemplification of the judgment.
A lawsuit of demurrer by a third party is a lawsuit seeking the exclusion of enforcement by raising an objection against a compulsory execution that infringes on the ownership, transfer, or transfer of the subject matter of enforcement, and the burden of proving that the subject matter of enforcement is owned by the plaintiff or has the right to prevent transfer or transfer of the subject matter to the plaintiff.
According to the overall purport of the statements and arguments by evidence Nos. 1, 2, 5, and 6, the plaintiff's judgment as stated in the Disposition No. 1 was finalized after receiving the judgment from C. The plaintiff applied for compulsory execution based on the executory exemplification of the above judgment, and the seizure procedure for corporeal movables included in the separate sheet was initiated on April 21, 2020, and the articles listed in paragraph (7) among each article listed in the separate sheet can be acknowledged as being purchased by Do who is the plaintiff's father and is currently owned by the plaintiff.
On the other hand, the plaintiff asserts that the articles other than the articles listed in paragraph (7) among the articles listed in the separate sheet are owned by the plaintiff. However, the evidence submitted by the plaintiff alone is insufficient to recognize that the articles are owned by the plaintiff, and there is no other evidence to acknowledge this otherwise,
Therefore, a compulsory execution against the goods listed in Paragraph (7) of the attached list on April 21, 2020 based on the executory exemplification of the judgment stated in Paragraph (1) of the Disposition shall be denied. The plaintiff's claim shall be accepted within the scope of the above recognition for the reasons, and the remaining claims shall be dismissed due to the lack of reasons.