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(영문) 인천지방법원 2020.01.31 2018가단31889
제3자이의
Text

1. The original copy of an executory deed No. 00475, 2017, issued by the Defendant against Nonparty B, as a notary public office D against Nonparty B.

Reasons

1. Facts of recognition;

A. On October 30, 2018, based on the authentic copy of a notarial deed with executory power of No. 00475, No. 00475 against Nonparty B, the Defendant executed compulsory execution (hereinafter “instant compulsory execution”) with respect to the E apartment in Yeonsu-gu Incheon, and movable property in the attached list No. 6 (hereinafter “the instant corporeal movable property”).

B. The plaintiff as the spouse of B is residing together with B in the above apartment house.

【Ground of recognition】 The fact that there has been no dispute, entry of Eul Nos. 1 and 3, the purport of the whole pleading

2. The assertion and judgment

A. The Plaintiff’s assertion asserts that the instant corporeal movables are corporeal movables that the principal left from Nonparty G, and thus, the compulsory execution of the instant corporeal movables ought to be denied as unlawful.

B. The standing to sue against a third party is a third party asserting that he/she has a right to prevent transfer or delivery of the subject matter of compulsory execution, and the third party here means a person other than the creditor, debtor, or his/her successor on the title or execution clause.

(1) On September 21, 2018, the Plaintiff: (a) on September 21, 2018, and the instant corporeal movables as “1,00,000 won for contract deposit, 50,000 won for a siren, 10,000 won for a siren; (b) on October 27, 1992, a notary public entrusted the preparation of a notarial deed as a law firm H et al., 05272; and (c) on the same day, the Plaintiff received a receipt from G in cash and received 50,000 won for a siren; (c) on September 21, 2018, the Plaintiff received the ownership of the said corporeal movables from G during the auction procedure.

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