1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a person who sells textile machinery, etc. with the trade name of “C”.

At the time of the opening of the business on July 14, 1997, D, the husband of the Defendant, was “Tgu Seogu Seo-gu J” but was transferred on September 2, 2010 to “G Seogu Seo-gu E”.

In the name of "F", the wholesale and retail business of scrap iron, etc. was closed on July 25, 2014.

On the other hand, on August 4, 2014, the Defendant opened a wholesale business with the trade name “H” from “Seoul-gun G” to “H.”

B. On April 30, 2014, the Plaintiff received a favorable judgment on KRW 52,90,000 in the price of textile machinery, such as cryp, cryp, and static games, from the Daegu District Court Branch Decision 2013Kadan27361, which filed against D, and the said judgment became final and conclusive on May 17, 2014.

At the time of the process of the lawsuit, the service place on which the notice of the date of pleading, the original copy of the judgment, etc. was served was “I (F) of the Gyeongbuk-gun, Gyeongbuk-do.” (G).

C. The plaintiff was above B.

On August 21, 2014, the Supreme Court rendered a favorable judgment in favor of the claim, and executed the execution of seizure of corporeal movables in the Daegu District Court 2014No1561 on August 21, 2014.

As a result of the auction after seizing each of the above textile machinery sold to D in the execution of the above seizure, 31,50,000 won out of the principal amount of the above judgment and the execution cost of KRW 1,081,640, and 22,487,640 out of the amount of non-payment to D based on the above judgment seems to be erroneous.

South Korea has come to this point.

However, in the execution of the above seizure, with respect to corporeal movables located in the business place located in the Gyeongbuk-gun G, the said business owner became unable to execute corporeal movables on the ground that it is not D(F) but the Defendant (H).

【Ground of recognition】 Each entry in the evidence Nos. 1, 2, 3, 4, and 6 (including each number), and the purport of the whole pleadings

2. Judgment on the assertion of evasion of compulsory execution

A. The actual location of “F” operated by the Plaintiff’s assertion D is “Seoul-do Senior Group G.”

D The status of the Plaintiff is as follows.