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(영문) 인천지방법원 2019.11.13 2019가단236803
제3자이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion against the non-party C corporation on May 29, 2019, based on the payment order issued by the Seoul Central District Court 2019Hu176298, the defendant seized corporeal movables on May 29, 2019 (hereinafter "the instant corporeal movables"). Since the instant corporeal movables are owned by the plaintiff as a juristic person separate from C corporation, the seizure execution for the instant corporeal movables based on the executive title against C corporation should be dismissed.

2. In the lawsuit of a third party’s objection, the burden of proving that the subject matter of compulsory execution is owned by the Plaintiff is the Plaintiff.

According to the evidence No. 3, the fact that the plaintiff is the lessee of the Dong-gu Incheon Metropolitan City D and the first floor, which is the place where a compulsory execution against the corporeal movables of this case was conducted, is acknowledged, but the above circumstances and the evidence No. 2 are insufficient to recognize that the plaintiff is the owner of the corporeal movables of this case, and there is no other evidence to acknowledge it otherwise.

(Y) The Plaintiff’s claim of this case is dismissed as it is without merit, and it is so decided as per Disposition by the assent of all participating Justices on the bench, on the following grounds: (a) although the articles indicated in No. 2 No. 2 are the same as the corporeal movables of this case, F, upon the registration of business under the trade name E, shall be deemed to have purchased the above articles; and (b) it shall not be a evidence as to the Plaintiff’s possession of the above articles.

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