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(영문) 의정부지방법원 2018.08.17 2018가단114228
제3자이의
Text

1. The Defendant rendered a sentence on March 9, 2018 to the Suwon District Court for the Dasan Agricultural and Fisheries Co., Ltd.

Reasons

1. Basic facts

A. On March 9, 2018, the Defendant filed a lawsuit claiming the return of the loan of KRW 180 million against the Da Government District Court 2017Gahap409147, against the Masan Farming and Fisheries Co., Ltd. (hereinafter referred to as “Masan”) and received a favorable judgment on March 29, 2018, and the said judgment became final and conclusive on March 29, 2018.

B. On April 26, 2018, the Defendant, based on the executory exemplification of the above judgment, enforced compulsory execution against movables listed in the separate sheet.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 and 2, purport of the whole pleadings

2. In full view of the respective descriptions of evidence Nos. 1 through 7 and the purport of the entire pleadings as to the cause of the claim, the owner of the movable property listed in the attached list may recognize the fact that he/she is not the non-party

Therefore, with the executory exemplification of the above judgment against the non-party company, compulsory execution against the movables listed in the separate sheet on April 26, 2018 should be denied.

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

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