logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.10.19 2016가단21933
제3자이의의 소
Text

1. On the basis of a certified copy of the judgment with executory power (No. 2015Gahap17555), the Defendant’s District Court against C on May 3, 2016.

Reasons

1. The Defendant, in fact, delegated the enforcement of compulsory execution against C-owned corporeal movables on the ground of the executory exemplification of the judgment in the loans case No. 2015Gahap17555 (hereinafter “instant enforcement title”) to the office of Ku Government District Court enforcement officers (hereinafter “instant enforcement title”).

Enforcement Officers D, which belong to the Jung-gu District Court, completed the attachment execution of the movables listed in the attached Table (hereinafter “instant movables”) in the E, 203 Dong 1106 (hereinafter “instant enforcement site”) at Yangju-si District Court 2016No. 2192 on May 3, 2016.

On July 15, 2015, the Plaintiff purchased the instant movables in KRW 1,520,000 on the date of a provisional auction for corporeal movables (No. 2015No. 1941).

The execution place of this case is the house owned by the plaintiff, and C is residing in the execution place of this case with the plaintiff's permission due to the plaintiff's fraudulent act.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. According to the above facts of determination, it is reasonable to deem that the instant movable is owned by the Plaintiff. Therefore, a compulsory execution by the Defendant against the instant movable based on the original copy of the judgment against C shall be denied as against the corporeal movable owned by the Plaintiff.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

arrow