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(영문) 창원지방법원거창지원 2016.10.11 2016가단1422

제3자이의

Text

1. The Defendant’s Changwon District Court (Seoul District Court Decision 2016Kadan199, July 8, 2016) rendered the Changwon District Court’s grace support for the passenger environment of the Defendant, Inc.

Reasons

1. Indication of claim;

A. On December 10, 2013, the Plaintiff lent KRW 87,681,726 to the boarding environment of the Plaintiff (hereinafter “the boarding environment”).

On January 17, 2014, in order to secure the above loan obligation with the Plaintiff, the Plaintiff transferred the object indicated in the attached list (hereinafter “instant object”) to the Plaintiff, but entered into a transfer security agreement with the purport of continuing possession of the registered environment, and delivered the instant object to the Plaintiff by means of the possession revision.

B. However, on July 14, 2016, the Defendant executed provisional seizure against the instant objects based on the executory exemplification of the decision on provisional seizure of corporeal movables, such as the written order of Paragraph (1) against the boarding environment.

C. The Plaintiff, who acquired the right of transfer for the instant goods, may assert that he is the owner of the instant goods in an external relationship and exercise his right.

Therefore, a compulsory execution against the goods of this case based on the executory exemplification of a decision of provisional seizure of corporeal movables, which is identical to the order of Paragraph 1 of this Article, should not be permitted.

2. Judgment with no applicable provisions of Acts (Articles 208 (3) 1 and 257 of the Civil Procedure Act);