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(영문) 창원지방법원 2015.09.16 2015나155
제3자이의
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff asserted that the instant corporeal movables are owned by the Plaintiff, and therefore, the Defendant’s compulsory execution against the instant corporeal movables should not be allowed, since the instant corporeal movables were provided by C as collateral for a loan claim of KRW 10,000,000 from C as collateral for security.

B. The Plaintiff bears the burden of proving that the instant corporeal movables are owned by the Plaintiff in a lawsuit by a third party, i.e., the grounds for objection in the lawsuit by the third party, and the burden of proving that the instant corporeal movables are owned by the Plaintiff. In light of the following circumstances acknowledged by the record, i.e., that the Plaintiff lent KRW 10,00,000 to C on November 20, 2013, and the Plaintiff failed to submit objective evidence other than the loan certificate (the evidence No. 4; hereinafter “the loan certificate of this case”) as evidence for the instant corporeal movables, the Plaintiff submitted the loan certificate as evidence of the instant corporeal movables, and did not indicate the date of preparation in the loan certificate of this case. 3) The Plaintiff hears the statement that the bond company conducted compulsory execution against the instant corporeal movables by the Defendant immediately after the application by the Defendant for compulsory execution against the instant corporeal movables, and there is no evidence to acknowledge that the Plaintiff actually received the corporeal movables from the Plaintiff as a security by means of transfer.

2. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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