제3자이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On April 29, 2014, the Defendant: (a) based on the authentic copy of a notarial deed with the executory power of No. 635 of the Hansan-si 695-1, the Defendant executed the attachment of the articles listed in the attached list in the building located in Ansan-si 695-1, a notary public against the deceasedsan-si.
[Ground of recognition] Facts without dispute, Gap evidence 4, Eul evidence 1, the purport of the whole pleadings
2. Determination on the cause of the claim
A. (1) The Plaintiff’s assertion (1) was possessed by the Plaintiff, but the execution officer did not consent to the execution of the seizure, and the execution of the seizure was made by deceiving the Plaintiff, and the execution of the seizure should be dismissed as unlawful.
(2) The attached list items constitute prohibited items under Article 195 subparagraph 13 of the Civil Execution Act, and the above seizure execution should not be allowed.
(b)(1) Where a third party occupies an obligor’s property, seizure may be effected only if such third party does not refuse to submit it.
(Article 191 of the Civil Execution Act). However, the seizure may not be ruled out later by filing a lawsuit of demurrer against a third party, if the third party does not refuse to submit the items in possession.
In full view of the purport of the entire argument in Gap's testimony, it is recognized that the plaintiff did not refuse to submit the above items at the time of seizure execution as to the items listed in the separate sheet on April 29, 2014. Thus, the plaintiff's subsequent claim of this case raised thereafter is without merit.
(B) In addition, in full view of the facts described in subparagraph (6) and the fact-finding results with respect to the Suwon District Court's office of execution officers of Eunpyeong Housing Site, the Nos. 1 through 31 among the items listed in the attached list shall not be deemed to have been possessed by the plaintiff on October 19, 2012 as the items already seized in the attached list No. 20176, which was attached on October 19, 2012. (2) The items listed in the attached list of household affairs shall not be deemed to have been possessed by the plaintiff.