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(영문) 창원지방법원 2016.08.19 2016가단2003
제3자이의
Text

1. The plaintiff's claim is dismissed.

2. On February 11, 2016, this Court shall apply to cases where compulsory execution is requested to be suspended by this Court.

Reasons

1. The Defendant, without dispute, executed the seizure of corporeal movables in the attached list (hereinafter “instant corporeal movables”) on January 20, 2016, based on the original copy of the payment order for goods claim filed by Busan District Court Decision 2015Hu25474 against Company B (hereinafter “Nonindicted Company”) on January 20, 2016, based on the original copy of the payment order for goods payment claim by the Busan District Court Decision 2015Hu25474.

2. The Plaintiff asserted that the instant corporeal movables were owned by himself, not by the non-party company, and therefore, according to the evidence No. 2, the Plaintiff was found to have leased from September 10, 2015 the underground floor of the instant building at KRW 5 million, KRW 400,000 per month, and KRW 400,000 per month. However, according to the following circumstances, the Plaintiff’s business was closed on November 20, 2012 when the Plaintiff operated the instant building with the trade name “B”, and closed its business on June 26, 2015, and the Defendant traded with the Plaintiff from around December 2012, and the Plaintiff did not have any other evidence to acknowledge that Nonparty 2 operated the instant corporeal movables as Nonparty 5’s main office in light of the following circumstances: (a) there was no room to acknowledge that Nonparty 2 had any change in the Plaintiff’s main office to use the instant corporeal movables as the changed corporeal movables.

3. Thus, the claim of this case on the premise that the corporeal movables in this case are owned by the plaintiff is dismissed as it is without merit.

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