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(영문) 인천지방법원 부천지원 2017.02.15 2016가단16957
유체동산 가처분 조서 말소청구금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The plaintiff's assertion is the creditor of defendant C, and the defendant B is the creditor of the defendant C, and the defendant B filed an application for provisional disposal of corporeal movables as shown in the attached Form and executed it, so the defendants are jointly obligated to implement the procedure for cancelling the provisional disposal of corporeal movables.

2. We examine ex officio the judgment prior to the merits.

The execution of provisional disposition by the court on the basis of the provisional disposition decision by the court may lose its effect only by the cancellation of the provisional disposition decision by the court of execution or by the cancellation of execution. Thus, the plaintiff's lawsuit of this case is unlawful.

Therefore, it shall be dismissed.

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