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(영문) 수원지방법원 2015.09.04 2015가단23341

제3자이의

Text

1. The plaintiff's claim is dismissed.

2. With respect to cases where this Court applies for the suspension of compulsory execution, May 21, 2015.

Reasons

1. The plaintiff's assertion and judgment

A. On April 29, 2015, based on the executory exemplification of the Seoul Northern District Court Decision 2012Gaso526 rendered against the Plaintiff’s father C, the Plaintiff asserted that the Defendant’s attachment procedure for corporeal movables was carried out on the objects listed in the attached attachment list (hereinafter “instant objects”) in the attached attachment list Nos. 1, 2, and 4 of the attached attachment list (hereinafter “instant objects”) by asserting that the Plaintiff is not C but the Plaintiff.

B. The Plaintiff’s assertion is without merit, on the ground that there is no evidence to prove otherwise. The Plaintiff’s assertion is without merit, since it is not sufficient to acknowledge the fact that the Defendant purchased the instant goods and owned their ownership.

2. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim of this case is without merit.

(A) On May 21, 2015, this Court rendered a decision to suspend compulsory execution as of May 21, 2015 with respect to the case of applying for the suspension of compulsory execution (see, e.g., Supreme Court Decision 2015Kadan82).