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(영문) 대전지방법원논산지원 2017.07.06 2017가단325
제3자이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 23, 2015, the Defendant filed a lawsuit against Eco Commission (hereinafter “Eco Commission”) for wage claim, and rendered a favorable judgment against the Plaintiff, “The Defendant paid 4.4 million won and the amount calculated at the rate of 20% per annum from February 23, 2013 to the day of full payment,” and the said judgment became final and conclusive as is.

B. According to the above judgment, the Defendant filed an application for seizure of corporeal movables, and the execution officer of this court executed seizure of the objects listed in the attached list (hereinafter “instant objects”) in the attached Form 52 at the Jin-ri, Jin-ri, Sil-ri, Jin-ri, the address of the Ecco new system.

(No. 2017No. 24 of this Court) / [Ground for recognition] / [Ground for recognition] / A, 2 of evidence No. 2 of this Court, and the purport of the whole pleadings

2. Determination as to the cause of action

A. On September 23, 2015, the Plaintiff purchased the goods listed in the separate sheet from the Eco Commission to use them for the wastewater treatment business. On September 23, 2015, the Plaintiff purchased part of them, and stored the remainder in the Eco Commission.

Therefore, since the article of this case is owned by the plaintiff, it is unreasonable that the defendant seizes the article based on the original copy of the above judgment against the Eco Commission.

B. In a lawsuit of demurrer against a third party, the fact that the Plaintiff asserts that he/she has the right to prevent the transfer or delivery of the ownership and other subject matter. The sales contract (Evidence A 1) submitted by the Plaintiff was prepared in the name of C, an son, and other evidence submitted by the Plaintiff alone is insufficient to recognize that the Plaintiff is the owner of the subject matter, and there is no other evidence to acknowledge it otherwise.

Therefore, the plaintiff's assertion is not accepted.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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