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(영문) 의정부지방법원 2021.01.05 2019가단20436
제3자이의
Text

The defendant's High Court 2012 Ma3050 Ma3050 is the executory power of the case.

Reasons

1. Basic facts

A. On August 20, 2018, the Plaintiff was appointed as a inside director of D Co., Ltd., and D Co., Ltd. purchased the E-ground building on June 25, 2018 in Yangju-si (hereinafter “instant housing”) and completed the registration of transfer of ownership as the receipt No. 57982 on July 2, 2018, by the Government Registry of the District Court of the Republic of Korea (hereinafter “the instant housing”).

B. C was detained in Ansan prison on February 15, 2013, and was released from prison upon the expiration of the term of punishment on February 13, 2018. From December 18, 2018, C resided in the instant housing, and the Plaintiff also filed a move-in report on the instant housing on December 18, 2018.

(c)

On October 30, 2019, the Defendant seized corporeal movables listed in the separate sheet in the instant house on October 30, 2019, based on the executory ruling rendered by the High Government District Court Decision 2012 Gohap 3050, the Defendant seized C’s corporeal movables on October 30, 2019 (hereinafter “instant compulsory execution”). [Grounds for recognition] without any dispute, the evidence of subparagraphs A(2) through (7) (including the number of branches), Eul’s evidence of subparagraph 1, and the purport of the entire pleadings.

2. The parties' assertion and judgment

A. The Plaintiff asserted that there was no wife after the discharge of C, and that there was no wife. The Plaintiff asserted that the corporeal movables listed in the separate sheet in the instant house are the goods owned by the Plaintiff purchased from around 2012, and that compulsory execution against this is unfair.

In regard to this, the Defendant purchased all of the TVs produced on January 2015 from among the corporeal movables listed in the separate sheet (the corporeal movables listed in the separate sheet No. 1) before being detained C, and stored in another place before being detained before being detained, and brought them into the instant house after being released therefrom, and accordingly, asserts that the instant compulsory execution against C by the Defendant is legitimate.

B. A lawsuit of demurrer by a third party is to prevent ownership or transfer or transfer of an executory property by a third party.

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