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(영문) 의정부지방법원 2019.10.25 2019가단13377
제3자이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Defendant’s execution of seizure of corporeal movables listed in the Attachment List (hereinafter “instant movables”) on July 3, 2019 based on the executory exemplification of the judgment in the case 2017Kadan17682 against C by the Goyang-gu District Court 2017Kadan17682 was in dispute between the parties.

On June 17, 2019, the Plaintiff concluded a contract for the transfer of the said corporeal movables with C on June 17, 2019, and filed an objection by the third party.

However, there is no evidence to prove this.

(1) The Plaintiff did not appear on the date of pleading of this case. On the other hand, at the time of enforcement of the above seizure, C used the movables of this case as it was, and the circumstance where the instant movables raised an objection against the possession of a third party has not been verified, even if the Plaintiff appeared on the date of pleading and submitted as evidence a certificate No. 2, the above evidence alone is insufficient to deem that the Plaintiff was the owner of the instant movables. On the other hand, a lawsuit of demurrer by a third party may be brought when the third party asserts that he/she has ownership over the object of compulsory execution or that he/she has a right to prevent transfer or delivery of the object.

(Article 48 of the Civil Execution Act). However, the remainder of the plaintiff's assertion is not a ground corresponding to this, and therefore, it is without merit.

Therefore, the plaintiff's claim is without merit, and it is so decided as per Disposition.

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