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(영문) 대구지방법원서부지원 2020.03.24 2019가단10396

제3자이의

Text

1. Based on the original judgment with executory power of the Daegu District Court Branch 2018 Ghana 106588 with respect to C, the Defendant shall be subject to the original judgment with respect to C.

Reasons

According to the purport of Gap evidence No. 4 (including the provisional number) and the whole pleadings, since the corporeal movables listed in the separate sheet (hereinafter "the instant corporeal movables") can be recognized as having been purchased by the plaintiff, it is reasonable to deem that the said corporeal movables were owned by the plaintiff. It does not change merely because C resided in the building located in the execution place of the said corporeal movables on June 26, 2018.

(1) The Defendant asserted that the Plaintiff’s purchase fund for the instant corporeal movables came from C, and thus, the Plaintiff’s claim is unreasonable, but no evidence exists to acknowledge it). Therefore, based on the executory exemplification of the judgment with the Daegu District Court Branch 2019 Ghana 106588, the Defendant’s compulsory execution against the instant corporeal movables on December 26, 2019 should be denied.

Therefore, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition by admitting it.