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(영문) 수원지방법원 2020.08.19 2020가단8513
제3자이의
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The content of compulsory execution (hereinafter “instant compulsory execution”, “A1”): The execution date of the executory exemplification of the final judgment rendered by the Seoul Central District Court 2013Gada828647 against Defendant B: April 21, 2020: The execution date: The execution date of the execution on April 21, 2020: movables specified in the attached Table (hereinafter “instant Aircomer”)

2. The ground for the plaintiff's claim: The air-conditioner of this case is owned by the plaintiff, and the compulsory execution of this case must be dismissed.

3. Determination of July 23, 2015, the fact that the Plaintiff purchased the instant air conditioners is recognized (A2). However, the instant air conditioners are found to have been continuously occupied and used as they were located in B’s residence; ② in light of the different facts between the Plaintiff and B’s residence, the Plaintiff appears not to possess or use the instant air conditioners (the first oral argument protocol); ③ In addition, considering the Plaintiff’s personal relationship (B) with B, it is possible that the Plaintiff donated the instant air conditioners to B, and thus, the Plaintiff cannot be readily concluded that the instant air conditioners purchased the instant air conditioners constituted the Plaintiff’s goods at the time of compulsory execution.

Therefore, the plaintiff's assertion is without merit.

4. The plaintiff's claim for conclusion is dismissed as it is without merit. It is so decided as per Disposition.

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