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(영문) 창원지방법원진주지원 2020.11.20 2020가단380

제3자이의

Text

The plaintiff's claim is dismissed.

Costs of lawsuit shall be borne by the defendant.

Reasons

1. On September 15, 2015, the Plaintiff’s summary of the Plaintiff’s note that the Plaintiff leased KRW 2,400,000 to Nonparty D on September 15, 2015 due date for reimbursement of KRW 2,40,00 to Nonparty D, and the attached list owned by the Plaintiff.

1. As to the recorded corporeal movables, No. 664 of the No. 2015 No. 664 of the No. 2015, a notary public E-office document prepared a notarial deed of a contract for debt repayment of collateral security (hereinafter “instant notarial deed”). Accordingly, the Plaintiff became a lawful owner of the said corporeal movables by means of

Nevertheless, on December 24, 2019, on the ground that the defendant had a claim against C, who is the spouse of the above D, attached the above corporeal movables to F of the same court on the basis of the original execution order under the execution order under the execution order order under the Jinwon Branch Branch Court Order 2019j929 (hereinafter “instant seizure”), and the above compulsory execution should be dismissed.

2. Determination as follows: The evidence submitted by the Plaintiff alone is a list of the Notarial Deed of this case

1. The identity of the specified corporeal movables and the corporeal movables subject to a seizure of this case is insufficient, and there is no other evidence to prove it otherwise;

(A) According to the evidence evidence Nos. 1 and 2, among the corporeal movables Nos. 1 through 9, the seized articles Nos. 1 and 3 are acknowledged as having the same model as the corporeal movables Nos. 1 through 18 from among the corporeal movables Nos. 1 through 18, as indicated in the attached list of the instant notarial deed, but it is difficult to recognize the above facts alone as holding by the Plaintiff or as identical with the seized articles subject to the above seizure). 3. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.