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(영문) 춘천지방법원원주지원 2020.02.26 2019가단2031

제3자이의

Text

1. The Defendant rendered a judgment on the purchase price of goods in the Chuncheon District Court Decision 2018 Ghana62436 against Non-Party D.

Reasons

1. Basic facts

A. The Plaintiff is the representative director of Nonparty D Co., Ltd. (hereinafter “Nonindicted Company”).

B. Upon the Defendant’s motion, based on the executory exemplification of the judgment on the purchase price of goods at issue against the non-party company as the debtor, the seizure of corporeal movables in the separate sheet Nos. 1 through (4) was executed on May 7, 2019, based on the executory exemplification of the judgment on the non-party company as the main office of the non-party company and the Plaintiff’s resident registration place, and each movable property in the separate sheet Nos. 5 and 6 of the same list as of July 17, 2019 was seized on each movable property as of July 17, 2019.

(hereinafter “Compulsory Execution of this case”). [Grounds for recognition] The fact that there is no dispute, Gap evidence 3-1 and 2-2, and the purport of the whole pleadings.

2. The assertion and judgment

A. Each movable property listed in the separate sheet stating the purport of the Plaintiff’s assertion is not the ownership of the non-party company, but the death of the Plaintiff’s ownership. Therefore, compulsory execution should be denied.

B. Determination 1) Comprehensively taking account of the overall purport of the arguments in the separate sheet No. 5-2 and No. 7 as to the movables listed in the separate sheet No. 3, the movables listed in the separate sheet No. 3 (S. TV) may be acknowledged that Nonparty F donated to the Plaintiff on or around August 2018. According to the above facts of recognition, it is reasonable to deem that the movables listed in the separate sheet No. 3 is not the ownership of the non-party company, but the ownership of the Plaintiff. Therefore, the compulsory execution of this case is unlawful. 2) According to each of the separate statements No. 4 in the separate sheet No. 4 as to the movables listed in the separate sheet No. 4 No. 5, No. 5, No. 6-2, the fact that the Plaintiff transferred KRW 550,000 from the account of the Plaintiff’s community credit cooperatives in the name of July 2, 2013 to “G,” and the Plaintiff is recognized as the Plaintiff’s “H Council from Apr. 27, 2015, 201.

However, it is listed in [Attachment List No. 4]