beta
(영문) 수원지방법원 2017.09.05 2016나16457

배당이의

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Quotation of the first instance judgment

A. The reasoning of the judgment of this court is as follows, except for the following determination as to the Plaintiff’s assertion added or supplemented at the trial, and therefore, it is consistent with the reasoning of the judgment of the first instance.

B. On October 30, 2014, at the time of double seizure, the Plaintiff asserted that the instant corporeal movables were seized without M’s consent, and that the enforcement officer’s seizure of the instant corporeal movables was null and void by violating Articles 189 and 191 of the Civil Execution Act.

The property owned by the debtor may be seized only if the third party does not refuse to submit it.

(See Articles 191 and 189 of the Civil Execution Act (see Articles 191 and 189 of the Civil Execution Act). On the other hand, the term “Possession” referred to in the above Act refers to pure de facto control over an object, and it cannot be necessarily based on business title. In full view of the purport of the entire pleadings in the testimony of the witness at the trial court, it can be recognized that the enforcement officer at the time took the J at the site as an obligor and possessor, while M was at the site.

there is no evidence to prove that an objection has been filed.

Therefore, the fact-finding conducted by the head of the wife at the time of the first instance trial alone with the fact-finding conducted by M in possession of the instant corporeal movables at the time of the seizure, and it is not sufficient to acknowledge that M refused to submit the said movables, and there is no other evidence to acknowledge the above assertion,

2. Conclusion, the plaintiff's claim should be dismissed as it is without merit.

The judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices.