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(영문) 의정부지방법원 2019.05.15 2018가단24509
제3자이의
Text

1. The plaintiff's claim is dismissed.

2. On December 6, 2018, this Court has regard to cases of application for suspension of compulsory execution under the 2018 Chicago219.

Reasons

On November 21, 2018, the Defendant seized corporeal movables in the attached list (hereinafter “instant movables”) on the basis of the payment order in the contract deposit case of the Incheon District Court Branch of the Incheon District Court 2018j556, the Kimpo-si, Kimpo-si, the 2015. It is recognized according to the evidence No. 1.

The plaintiff asserts that since C is residing in Canada as a Canadian citizen and the movable property of this case is owned by the plaintiff, compulsory execution against the above movable property is unfair.

In light of the following circumstances recognized in accordance with the aforementioned evidence and the purport of the entire pleadings, namely, the domestic residence report of D apartment E, Namyang-si, the execution place at the time of the above seizure, and the existence of C’s remittance documents, passport, opened mail, etc. at the above execution place, and C attended the court at the date of pleading together with the Plaintiff at the date of pleading, it is difficult to readily conclude that the instant movable property is owned by the Plaintiff and there is no other evidence to acknowledge this differently.

Therefore, we cannot accept the Plaintiff’s assertion on the premise that the movable property of this case is owned by the Plaintiff.

Therefore, the plaintiff's claim of this case is rejected as it is without merit, and it is so decided as per Disposition.

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