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(영문) 춘천지방법원원주지원 2015.09.02 2015가단2323
제3자이의
Text

1. On April 1, 2015, the Defendant based on the executory payment order in the instant case No. 2014 tea261 against C by this Court.

Reasons

1. Facts of recognition;

A. On April 1, 2015, based on the executory payment order under Paragraph (1) of the Disposition against C, the Defendant executed a seizure of corporeal movables (hereinafter “instant compulsory execution”) with respect to each of the items listed in the separate sheet No. 4802 Dong 1301, Gangwon-si, Gangwon-si, the Republic of Korea residing in this Court No. 2015No. 2677.

(Ground for recognition: Facts without dispute, entry of Gap evidence 1, purport of the whole pleadings

2. Determination:

A. Comprehensively taking account of the purport of Gap evidence Nos. 2 through 4 and all pleadings (including transfer data) as to each of the items listed in the separate list Nos. 1, 3, 4, 5, and 6, Eul, based on the executory exemplification of the judgment No. 2004Gada21117 against Eul, this Court issued a seizure execution of corporeal movables against 8 items located in the F apartment No. 105 and 1102 of the Won-si, which was residing in C at the time, under this Court No. 2011. The above items included 1, 3, 4, 5, and 6 items listed in the separate list No. 1, 4, 5, and 6 (hereinafter “instant items”). However, on the same day, the plaintiff was sold to G on May 6, 201, and after purchasing the above items from H5,20,000 won to his father at the time of this case’s compulsory execution and execution.

According to the above facts, barring any special circumstance, the Plaintiff acquired the instant article on May 6, 201, and thereby owned the Plaintiff. Thus, the part of the instant compulsory execution against the said article owned by the Plaintiff should be dismissed as unlawful.

In regard to this, the defendant purchased the goods of this case and made a donation to C, and therefore, C still claims that it is the owner of the above goods, but only the fact that C actually uses the above goods, the plaintiff donated the above goods to C.

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