logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2014.09.17 2014가단10143
제3자이의
Text

1. The Defendant was based on the authentic copy of the judgment with U.S. District Court 2012Gahap6970, U.S. District Court 2014 on April 3, 2014.

Reasons

1. According to the evidence evidence No. 1, the Defendant’s attachment on April 3, 2014 based on the copy of the judgment with executory power (hereinafter “instant enforcement title”) No. 2012, Ulsan District Court 2012,6790 against Nonparty D (hereinafter “instant apartment”), which is the Plaintiff’s residence, on April 3, 2014, indicated in the attached list No. 102, Dong 408 (hereinafter “instant apartment”).

2. Determination

A. According to the whole purport of the statements and arguments set forth in Nos. 1, 2, 3, 5, 6, 7, 9, 10, and 12 in the annexed list Nos. 1, 2, 3, 5, 6, 7, 9, 10, and 12, Plaintiff B resides in the apartment of this case, which is one of Plaintiff B’s own children. The above articles are purchased between Plaintiff A and 207 and 2013, and are used in the apartment of this case, which is one of the Plaintiff’s residence, and Plaintiff A donated each of the above articles to Plaintiff B. In other words, it is insufficient to reverse the above facts of recognition solely on the grounds that Plaintiff B resided in the apartment of this case.

Therefore, the defendant's compulsory execution against each of the above goods owned by the plaintiff B should be denied.

B. The Plaintiffs asserts that they purchased each of the items listed in the [Attachment 4, 8, 11] list 4, 8, and 11 in cash during 11 to 20 years.

Plaintiff

The facts that B is residing in the apartment of this case are as seen earlier, but on the other hand, the following circumstances are acknowledged as follows: ① there is no evidence to the effect that the plaintiffs purchased the above goods; ② the resident registration card D also was registered as residing in the apartment of this case; ③ there was DNA's belongings in the apartment of this case at the time of the execution of this case; ④ the Plaintiffs' age prior to 11 was 2,24 years old; ④ the Plaintiffs' age was 13,15 years old merely because they were 13,15 years old, and thus, the Plaintiffs were able to kill the above goods.

arrow