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(영문) 전주지방법원군산지원 2017.08.08 2017가단1405
제3자이의
Text

1. The Defendant has the executive force of the Daejeon District Court Decision 2015Kadan213817 Decided November 17, 2016 with respect to the limited liability company B.

Reasons

Basic Facts

The plaintiff is a person who sells agricultural machinery, etc. with the trade name of Gunsan City C from D.

B A limited liability company (hereinafter referred to as “foreign company”) is a company whose head office is located on the first floor of the above address as D, and whose representative director is registered by the Plaintiff, and is the only party of the Plaintiff.

The Defendant filed a lawsuit against the non-party company seeking delivery of the land owned by the Defendant and payment of unjust enrichment therefrom as the Daejeon District Court Decision 2015Ga213817, and the said court rendered a judgment on November 17, 2016 to the effect that “the non-party company shall deliver the land to the Defendant, and deliver the money calculated at the rate of KRW 2,465m2,465m2 to the Defendant and the amount calculated at the rate of KRW 1,369,923 per month from May 1, 2014 to the delivery date of the said land” (hereinafter “instant judgment”).

The non-party company appealed against the judgment of this case.

On December 21, 2016, the Defendant seized agricultural machinery listed in the attached list (hereinafter “instant agricultural machinery”) at the address of the non-party company based on the instant judgment from the Jeonju District Court Branch No. 2016No. 1820.

The Plaintiff asserted that the instant agricultural machinery was owned by the Plaintiff, not the non-party company, but at the same domicile, and filed an application for the suspension of compulsory execution against the instant agricultural machinery by the Jeonju District Court Branch Branching 2017Kamina8. On March 22, 2017, the lower court rendered a decision to suspend compulsory execution against the instant agricultural machinery.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1, 2, 7, 8, Eul evidence Nos. 12-4, Eul evidence Nos. 12-1, and Eul's claim for the purport of the whole pleadings, the plaintiff was awarded a successful bid for agricultural machinery specified in attached Table Nos. 1 from Chungcheongnam-si on May 3, 2016 in the name of an individual who is a business operator operating D, which was awarded in KRW 16,70,00.

On November 2016, the Plaintiff purchased 8,425,760 won per 8,425,760 won from F High School through a bid procedure of attached Table 2.

The plaintiff is at the address column at the time of the tender.

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