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(영문) 수원지방법원성남지원 2017.09.19 2017가합403309
제3자이의
Text

1. The Defendant’s enforcement of the payment order issued on March 3, 2017 by the Namyang-si District Court of the Republic of Korea rendered on March 3, 2017.

Reasons

1. Indication of claim;

A. On October 4, 2016, the Plaintiff provided financial leases to A on movable property listed in the separate sheet (hereinafter “instant machinery”) and received a transfer security right from A on the instant machinery.

B. On April 12, 2017, the Defendant attached the instant machinery under Suwon District Court Decision 2017No954 on the basis of the executory order of payment under Paragraph (1) of this Article, based on the executory order of payment under Paragraph (1) of this Article.

C. The Plaintiff is the owner of the instant machine in relation to a third party other than A, and thus, the Defendant’s above compulsory execution shall be dismissed as it was conducted against the property owned by another person other than the debtor A.

2. Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by deemed as private capital);

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