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(영문) 서울남부지방법원 2016.09.23 2016가단207823
제3자이의
Text

1. The Defendant’s branch court of Suwon District Court in relation to C limited liability companies has determined the amount of litigation costs 2015Kao47 on September 16, 2015.

Reasons

1. On September 16, 2015, the Defendant filed an application for confirmation of the amount of litigation costs with the Suwon District Court’s Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Decision 2014Na30171, in order to recover the litigation costs incurred in each of the instant cases, the Seoul High Court Decision 2014Na30171, which decided on September 16, 2015 that the said amount of lawsuit costs to be reimbursed to the Defendant by C Limited Company was KRW 1,001,044.

The Defendant filed an application for compulsory execution of corporeal movables with Seoul Southern District Court 2015No4671, the Seoul Southern District Court 2015No4671, and on February 23, 2016, “Seoul Yeongdeungpo-gu D Building and 827, which is the location of the principal office of the limited liability company C, seized the attached list.”

In the attachment report of corporeal movables, E is stated as participating at the time.

On the other hand, the location of the headquarters of the limited liability company C is the location of the plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 2 and 3, the purport of the whole pleadings

2. Judgment on the parties' arguments

A. 1) Party’s assertion is the Plaintiff’s property purchased by the Plaintiff. In particular, these things were located in the Plaintiff’s office at the time of seizure, and the Plaintiff occupied and used at the time of seizure, and thus it is presumed that they were owned by the Plaintiff. Therefore, seizure of the things indicated in the separate sheet is not permissible since it was conducted on the Plaintiff’s property, not a limited liability company C in the determination of the amount of litigation costs. (2) The things indicated in the Defendant’s argument in the separate sheet are both used by the Plaintiff and the limited liability company, not those owned by the Plaintiff, but those owned by C, and the tax invoice, etc. presented by the Plaintiff

B. As long as seizure of the items listed in the attached list is conducted in the above D Building 827, which is the location of the principal office of C limited liability company, the said items are owned by the said limited liability company.

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