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(영문) 인천지방법원 2020.01.17 2018가단235926
제3자이의
Text

1. The defendant's original copy of the decision with executory power to deliver the goods possessed by the third party by the Incheon District Court B.

Reasons

1. Facts of recognition;

A. 1) On March 31, 2016, the Plaintiff entered into a sales contract with Nonparty C Co., Ltd. (hereinafter “C”).

In order to purchase Class 4, such as a physical training hall and electric cart, the contract price of KRW 136,834,010 and the contract period of the contract from March 31, 2016 to May 31, 2016 shall be determined as the purchase contract (hereinafter “instant contract”).

(E) concluded a letter of apology(S). However, C is a corporation E (hereinafter “E”) through D.

2) On December 20, 2016, C was delivered to the Plaintiff on December 20, 2016, on December 20, 2016, 16: (a) on December 20, 2016, the Plaintiff requested the Plaintiff to supply the instant goods on several occasions; (b) on December 20, 2016, the Plaintiff received from E, on December 16, 201, 17 dong-type charging machine (non-passenger-type charging machine), 18 dong-type charging machine (hereinafter “sale goods”).

(Inspection and delivery records are drawn up by F. F.)

On the other hand, on October 25, 2016, the Defendant filed an application for provisional seizure of corporeal movables in Incheon District Court 2016Kadan103516 against E on October 11, 2016, and received the ruling of provisional seizure on the provisional seizure of corporeal movables in Incheon District Court 2016, “Yolcheon-gu G, office E located in the second floor in the H, and all other corporeal movables stored in a factory,” and requested the enforcement officer of Incheon District Court to execute provisional seizure. On October 26, 2016 (10:09 beginning, 10:17 ending), the enforcement officer seized 16 Kaw-dong occupied by E, which the enforcement officer occupied and kept in custody of E (hereinafter “instant provisional seizure execution”).

(2) On December 23, 2016, the enforcement officer affiliated with the Incheon District Court inspected the seized objects. At the time of the inspection, one of the seized objects was located and the remainder of 15 was not located.

C. On December 23, 2016, the Defendant ordered the delivery of the goods possessed by a third party, as above, is subject to the execution of the provisional seizure of this case.

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