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(영문) 인천지방법원부천지원 2016.11.24 2016가단20109
제3자이의
Text

1. The plaintiff's claim is dismissed.

2. On August 26, 2016, this Court rendered an application for a stay of compulsory execution against this Court.

Reasons

1. Basic facts

A. On November 19, 2014, the Defendant filed a lawsuit claiming transfer money against B with the Seoul Central District Court 2014 Ghana5917020, and received a favorable judgment from the said court.

B. On July 27, 2016, based on the executory exemplification of the above judgment, the Defendant attached articles indicated in the attached list C and 2 Dong 109, Bupyeong-gu, Busan District Court Decision 2016Du2038 (hereinafter “instant compulsory execution”).

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The plaintiff asserts that the compulsory execution of this case against the articles listed in the separate sheet, based on the original copy of the judgment on B, is unlawful, since the articles listed in the separate sheet are owned by the plaintiff.

In light of the fact that the purchaser of TV is D, not the Plaintiff, and the place of receipt of the air conditioners and electronic sirens is not “Seoul Jung-gu E 201” or “Seoul Seocho-gu F 206” rather than the place of execution of the instant compulsory execution, it is insufficient to recognize that each of the items listed in the separate sheet in the separate sheet is owned by the Plaintiff, and there is no other evidence to prove otherwise.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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