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(영문) 수원지방법원성남지원 2015.10.13 2015가단10027
제3자이의
Text

1. The Defendant has an executory power to make a final decision on the costs of lawsuit against Nonparty C at Sung-nam District Court 2014Ka-395.

Reasons

1. Basic facts

A. On December 10, 2014, the Defendant received a final determination of the amount of litigation costs against C by this Court 2014Kao-395, and the said determination became final and conclusive on December 27, 2014.

B. Based on the executory exemplification of the above decision, the Defendant applied for a compulsory execution with respect to corporeal movables listed in the attached seizure list in Gwangju-si, Gwangju-si, 405 (hereinafter “instant loan”), which is the domicile of C, and executed the seizure of corporeal movables on March 31, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 6, the purport of the whole pleadings

2. In light of the following facts without any dispute over judgment, Gap evidence Nos. 2 and 6’s overall purport of pleading, namely, ① the plaintiff leased the loan of this case to the plaintiff on November 201, 2013, which the plaintiff and Eul together resided in the above loan, and the plaintiff resided in the loan of this case from the time of the lease; ② the plaintiff directly settled and purchased household appliances, such as laundry, cooling, cooling, television, composite, bed, PC monitoring, etc. around October 2013; ③ the transfer to the loan of this case on February 10, 2015, and ③ the transfer to the loan of this case on February 10, 2015, the corporeal movables listed in the attached attachment list, which are goods necessary for daily life of the loan of this case, shall be deemed the goods owned by the plaintiff.

Therefore, according to the decision of determination of the amount of litigation costs by this Court No. 2014Ka-395, compulsory execution against corporeal movables listed in the attached attachment list should be denied as it is unlawful.

3. Conclusion, the plaintiff's claim of this case is accepted on the grounds of its reasoning.

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