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(영문) 대구지방법원 안동지원 2018.05.02 2017가단3406
제3자이의
Text

1. The plaintiff's claim is dismissed.

2. With respect to cases of application for the suspension of compulsory execution under this Court 2017 Chicago13, September 19, 2017

Reasons

Basic Facts

On September 13, 2017, each of the corporeal movables (hereinafter “instant corporeal movables”) recorded in the separate sheet in the Dong-si C (hereinafter “instant dwelling”) with the executory exemplification of the Busan District Court Decision 2009Gau31050 (hereinafter “instant seizure execution”) against B, on September 13, 2017, is subject to no dispute between the parties.

The plaintiff's assertion and the judgment on this issue are as follows: (a) upon the request of B, the plaintiff merely allowed the moving-in report of B's resident registration in the residence of this case; and (b) since the corporeal movables of this case are owned by the plaintiff, not B, the execution of the seizure of this case based on the executive title

The plaintiff bears the burden of proving that the plaintiff has the right to enforce in the lawsuit of demurrer against the third party, i.e., the ownership of the articles subject to compulsory execution, and that the plaintiff has the right to enforce in the lawsuit of demurrer against the third party. The plaintiff's assertion is without merit, since the plaintiff moved into the residential area of this case on October 8, 2008, the plaintiff continued to reside in the residential area of this case between November 30, 2016 and April 12, 2017, with the exception of the period of four months from April 30, 2016 to April 12, 2017, and Eul moved into the residential area of this case, and the corporeal movables of this case were transferred to the residential area of this case on June 17, 2015, and there is no other evidence to acknowledge this otherwise.

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

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