제3자이의
1. The Defendant has executory power over Nonparty C with Seoul Northern District Court 2018 Ghana 400180.
1. On September 1, 2020, the Defendant, based on the authentic copy of the judgment of the Seoul Northern District Court Decision 2018 Ghana 40180, the Seoul Northern District Court rendered a seizure execution (hereinafter “execution of the seizure of each of the instant movable property”) against each of the movable properties listed in the attachment list in the net city D apartment and E (hereinafter “instant apartment”) in which C resides (hereinafter “each of the instant movable properties”).
【Ground for Recognition: Unsatisfy, Entry in Evidence A 1, 2, and 5, and the purport of the whole pleadings】
2. Determination:
A. The purport of the plaintiff's assertion is that the movable property of this case is owned by the plaintiff and has been used for free use by C, and as C receives and uses it under a loan contract with the plaintiff who is its owner, it is argued that the execution of the seizure of this case, which is based on the title of execution against C, should be rejected.
B. In full view of the overall purport of the statements and arguments in the evidence Nos. 1, 4, and 7 of the separate seizure list Nos. 3 and 4 as to each of the instant movable properties, the fact that the Plaintiff, the owner of each of the instant movable properties, had C gratuitously use the attached list Nos. 1, 4, and 7 of the instant movable properties on January 25, 2018.
Therefore, each of the above tangible movables is not the debtor C's property, but the debtor C uses and takes profits from the possession by the loan contract between C and the plaintiff. Thus, the plaintiff can seek the exclusion of compulsory execution against each of the above tangible movables as the right holder.
Therefore, this part of the plaintiff's assertion is justified.
(c)
The evidence presented by the Plaintiff on the determination of the remaining movables of this case alone is that the remaining movables of this case, except the movables of the above Section B, are owned by the Plaintiff and possessed by the Defendant by lending them free of charge.
. Recognition.