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(영문) 서울북부지방법원 2015.09.24 2014가단31575
제3자이의
Text

1. The plaintiffs' claims against the defendant (appointed parties) and the defendants are all dismissed.

2. The costs of lawsuit shall be.

Reasons

The plaintiffs asserted that since each of the movables listed in Nos. 10, 14, 17, 18, and 19 among the movables of this case is owned by the plaintiff A, and the remaining movables are owned by the plaintiff B, the defendant (Appointed Party), the designated parties, and the defendant I (hereinafter referred to as the defendant (Appointed Party), the defendant, the designated parties, and the defendant's predecessor, I (hereinafter referred to as "the defendant, etc.") are subject to compulsory execution under the judgment of this case against H, it should be denied as an unlawful compulsory execution.

According to the evidence Nos. 4 through 7, each of the plaintiffs' evidence Nos. 4 and 7, the same year from February 2012

3. Not only can it be recognized that the instant movable was purchased until around the time, but it is not sufficient to recognize that the Plaintiffs are the owners of the instant movable even around May 20, 2014. Since there is no other evidence to support this, the Plaintiffs’ assertion is without merit.

Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1, 8, and 9, the Defendant et al. divided the 23 branches of the fourth floor of the building in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, which is an aggregate building. However, on February 9, 2012, when Hancheon International Development was entrusted by the Defendant et al., and was leased a store owned by the Defendant et al. with the Defendant et al.; H operated sports facilities from February 9, 2012 to the above store with the trade name “K” from February 9, 2012; the Defendant et al. filed a lawsuit claiming transfer of the above store and return of unjust enrichment against H on April 4, 2014 (Seoul Central District Court 2013Da510130, the name of building No. 20130, the delivery of the store to the Defendant et al., and the return of unjust enrichment due to possession by the said building).

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