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(영문) 수원지방법원 여주지원 2018.04.03 2017가단5831

제3자이의

Text

1. The Defendant has an executory power over the case No. 2016 Ghana 53522 by the Jeonju District Court of Korea.

Reasons

Facts of recognition

The defendant filed a lawsuit against E with the Jeonju District Court 2016dan53522, and the compromise was established in the lawsuit.

On August 17, 2017, the Defendant seized each movable property indicated in the attached list F in the Gyeonggi-si F, which was located in E’s residence, based on the protocol of protocol of protocol prepared regarding the instant case (hereinafter “instant protocol of protocol”).

(Reasons for recognition) Facts without dispute, entry of Gap evidence 1, purport of whole pleadings.

The plaintiffs' assertion of the parties concerned live together with E at the place of residence of E, and since the remainder except the Kimchi Refriger (Attached No. 11) among each movable property listed in the attached list is all owned by the plaintiffs, compulsory execution based on the instant protocol of conciliation against them should be denied.

Since there is no evidence to confirm that each movable property listed in the attached list of the defendant is owned by the plaintiffs, the plaintiffs' claim is unfair.

Judgment

In the lawsuit of demurrer by a third party, the burden of proving that the subject matter of compulsory execution is owned by the plaintiff is the plaintiff.

Attached Form

In the case of colorphones indicated in No. 5 of the list, considering the fact that the Plaintiff submitted to this court the purchase receipt, the colorphone education receipt, and the photograph (No. 7 No. 1 to 3) of the Plaintiff A’s colorphones, it is determined that the above objects are owned by the Plaintiff A.

Attached Form

The Plaintiffs submitted a tax invoice and a card slip, card use record, computer and television, Paosno, and a photograph photograph (including each number) taken from each of the golf loans, as evidence of the fact that the Plaintiffs directly purchased each of the items listed in Nos. 1, 3, 4, 7, 9, 12 and 14.

However, each tax invoice states only that the goods purchased are “computers and peripheral devices” and “video information devices”, each card slip and card use content does not include the name of the goods purchased, and the latter side of computers and TV.