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(영문) 서울남부지방법원 2020.06.12 2019가단16042

제3자이의

Text

1. The Defendant rendered an executory judgment against Nonparty D, Seoul Northern District Court Decision 2018Da611614 Decided July 10, 2019.

Reasons

1. Facts of recognition;

A. On August 20, 2019, based on the authentic copy of the judgment with executory power stated in Paragraph (1) of the Disposition against Nonparty D, the Defendant’s attachment number in the attached list

2. Article 1 of the Ordinance of the Ministry of Food and Drug Safety (hereinafter referred to as “instant Ordinance”) was seized.

B. However, the Yeongdeungpo-gu Seoul Metropolitan Government E apartmentF, the place where the instant air conditioners are installed, was leased from Nonparty G on October 5, 2018 by setting the lease deposit of KRW 100 million, monthly rent of KRW 1500,000,000 from Nonparty G during the lease period from October 25, 2018 to October 24, 2020, and the Plaintiff completed the move-in report on November 26, 2018 and received the fixed date.

C. On June 30, 2019, Nonparty I entered into the instant Air-conditioning Purchase Contract with Company I, and the Plaintiff paid KRW 3.65 million to the Plaintiff.

D The Plaintiff’s mother and H are the Plaintiff’s female children.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 5 (including virtual number), and the purport of whole pleadings

2. According to the above facts of recognition, it is reasonable to view that the air-conditioner of this case is the Plaintiff’s ownership. Thus, the Defendant is not allowed to enforce compulsory execution based on the enforcement title against Nonparty D.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim is justified.