제3자이의
1. The plaintiff's claim is dismissed.
2. Cases of application for the suspension of compulsory execution in the Changwon District Court Branch 2015 Chicago16.
1. Facts of recognition;
A. On January 22, 2015, the Defendant filed a lawsuit against C in relation to the claim for the payment of the guaranteed debt with the Changwon District Court Jinju Branch Branch 2014Ga7575, and on January 22, 2015, the Defendant issued a judgment that “C shall pay to the Defendant the amount of KRW 1,541,38 and KRW 1,000,000 per annum 25% per annum from December 23, 2010 to the date of full payment,” and the Defendant was issued with the execution clause and delivery certificate according to the above judgment on February 27, 2015.
B. At the Defendant’s request, the execution officer of the Jinwon District Court’s Jinju Branch seized the instant movable property in Jinju-si and 201 on July 28, 2015.
(Reasons for Recognition) The fact that there is no dispute over the Changwon District Court Jinju Branch 2015No.771. [Ground for Recognition], Gap evidence Nos. 1 and 5, and the purport of the whole pleadings.
2. Determination on the cause of the claim
A. The Plaintiff’s assertion C is the former wife divorced from the Plaintiff, and raises his or her children by negligence.
The Plaintiff purchased the instant movable property to C for the welfare of its children, and thus, the instant movable is owned by the Plaintiff.
Therefore, a compulsory execution against the movable of this case, which is owned by the plaintiff, should not be allowed by the defendant based on the executive title against C.
B. In light of the fact that the Plaintiff: (a) purchased and delivered the instant movable property to C for the welfare of his children; (b) there is a lack to recognize that the instant movable property was owned by the Plaintiff only by the descriptions of evidence Nos. 2, 3-1 through 3, and 4; and (c) there is no other evidence to acknowledge this otherwise, the Plaintiff’s assertion is without merit.
3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.