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(영문) 인천지방법원부천지원 2016.12.15 2016가단111951
제3자이의
Text

1. The Defendant’s main branch court of the Chuncheon District Court to C shall execute the Defendant’s decision 2016Da768 Decided April 21, 2016.

Reasons

1. Basic facts

A. On April 21, 2016, the Defendant filed a lawsuit claiming the cost of gold design against C Co., Ltd. (hereinafter referred to as “Nonindicted Company”) with the Seoul District Court Branch Branch Branch Decision 2016Kadan768, and received a favorable judgment from the said court. The said judgment became final and conclusive on May 10, 2016.

B. Based on the executory exemplification of the above judgment, the Defendant filed an application for compulsory execution against each of the items listed in the attached attachment list No. 2016Da1775 with the Incheon District Court Branch Branch Office 2016Da1775, Seocheon-gu D and 3, and accordingly, the execution officer of the above court attached each item listed in the attached attachment list on June 21, 2016.

(hereinafter “Compulsory Execution of this case”). [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1 and 4, and the purport of the whole pleadings.

2. Determination on the cause of the claim

A. Since each of the items indicated in the attached list of the Plaintiff’s assertion is owned by the Plaintiff that was purchased before the establishment of the non-party company, the compulsory execution of this case is unlawful.

B. Determination 1) The Plaintiff, from December 26, 2012, is running a gold-type manufacturing business after registering the trade name as “C”, “C-Gu Won-si D, and 3, respectively, with the overall purport of the pleadings, based on the evidence Nos. 2, 3, and 5 written evidence Nos. 2, 5.

B) On December 20, 2012, the Plaintiff purchased each of the items listed in the [Attachment List Nos. 15 and 16] Nos. 14 and 17 of the [Attachment List] around December 26, 2012, each of the items listed in the [Attachment List Nos. 6, 8, and 10] around December 26, 2012, and the items listed in the [Attachment List Nos. 6, 8, and 10] around February 27, 2014.

3. Subparagraph 5 shall apply to each of the items described in Nos. 1 through 5, 7, 11 through 13 of the remaining attached list.

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