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(영문) 수원지방법원성남지원 2016.05.13 2016가단1839
제3자이의
Text

1. The Defendant has the executory power of the Suwon District Court case No. 2015Kadan10157 against Kohson Co., Ltd.

Reasons

1. Facts of recognition;

A. On November 19, 2013, the Plaintiff leased corporeal movables (hereinafter “the instant corporeal movables”) recorded in the separate sheet (hereinafter “the instant corporeal movables”) to a more severeson Co., Ltd. (former trade name before the alteration: hereinafter “Sweon”) on a monthly rent of KRW 1,200,000, and the lease period from November 19, 2013 to October 18, 2014.

B. The Defendant applied for compulsory execution against the instant corporeal movables under Suwon District Court Branch 2015Kadan101577 by filing an executory protocol of protocol of protocol of protocol with the Suwon District Court Branch 2015No3620 on December 3, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts of determination, since the corporeal movables in this case are owned by the plaintiff, not the more severeson, a compulsory execution against the corporeal movables in this case owned by the plaintiff, not the execution debtor, shall be denied based on an executory exemplification of a protocol of compromise against the more severeson.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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