제3자이의
1. A notarized deed No. 2301 of the 2015 Document No. 2010, written by the Defendant against D Co., Ltd.
1. On November 21, 2018, based on the executory exemplification of a notarial deed No. 2301 of the 2015 Document No. 2010, the Defendant completed a seizure execution (hereinafter “instant compulsory execution”) with respect to corporeal movables listed in the separate sheet (hereinafter “instant corporeal movables”) by this Court under the title of 2018No474, Nov. 21, 2018.
[Ground] The statements Nos. 1-3 and 15, and the purport of the whole pleadings
2. According to the overall purport of evidence Nos. 4-8 and 12 as to the cause of the claim, the corporeal movables listed in the separate sheet Nos. 1, 2, and 4 among the instant corporeal movables are purchased from F and G (H) and leased from the Plaintiff Company A (hereinafter “Plaintiff A”) during the period from March 2017 to April of the same year, and are owned by Plaintiff A. C. C’s corporeal movables listed in the separate sheet No. 3 as indicated in the separate sheet No. 3 are leased to the Nonparty Company on January 11, 2018 by the Plaintiff Company B (hereinafter “Plaintiff B”).
Therefore, barring special circumstances, the Plaintiffs may seek the exclusion of compulsory execution by asserting the Plaintiffs’ respective ownership of the instant corporeal movables against the Defendant who enforced compulsory execution against the instant corporeal movables, and filing a lawsuit of demurrer against a third party.
3. The defendant's assertion is that the actual owner of the corporeal movables of this case is the non-party company, and merely purchased them in the name of the plaintiffs, and the plaintiffs' objection against the defendant's compulsory execution is unreasonable.
According to the overall purport of evidence Nos. 1, 4-8, and 12, both the plaintiffs and the representative director of the non-party company are the same person, the location and business purpose of the plaintiff Gap and the non-party company are the same. The plaintiffs purchased the corporeal movables of this case, and only for a few months after they purchased them.