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(영문) 대구지방법원서부지원 2019.09.19 2018가단13039
제3자이의
Text

1. The Defendant’s decision on performance recommendation is enforceable as of July 4, 2018, the 2018 Ghana 16698.

Reasons

1. Basic facts

A. On May 18, 2018, the Defendant received a decision on performance recommendation (hereinafter referred to as “decision on performance recommendation of this case”) to the effect that “D shall pay to the Defendant the amount of KRW 26,982,200, and damages for delay therefrom” under the Seo-gu District Court Branch Decision 2018 Ghana 16698 on July 4, 2018, which filed a lawsuit against D for gas payment claim. The said decision on performance recommendation became final and conclusive on September 12, 2018.

B. After that, according to the Defendant’s delegation, the enforcement officer affiliated with the Seogu District Court’s Seo- Branch rendered a compulsory execution (hereinafter “instant compulsory execution”) on November 29, 2018, with respect to the corporeal movables listed in the separate sheet E, as the Seo-gu District Court’s Seo-Support E (hereinafter “instant corporeal movables”).

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 7, the purport of the whole pleadings

2. The Plaintiff asserts that the instant corporeal movables purchased by himself and do not belong to D, the father of the Plaintiff, and thus, the compulsory execution of the instant corporeal movables ought to be denied.

According to the evidence No. 3, the plaintiff purchased the corporeal movables of this case. According to the above facts acknowledged, it is reasonable to view that the corporeal movables of this case are owned by the plaintiff. Thus, the compulsory execution of this case on the premise that the corporeal movables of this case are owned D should be dismissed.

Therefore, the plaintiff's above assertion is justified.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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