logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원성남지원 2016.09.07 2016가단6780
제3자이의
Text

1. On the basis of the original payment order issued in the Seoul Northern District Court Decision 2015Hu59179 against B, the Defendant rendered the original payment order issued in the case No. 20179, Feb. 19, 2016.

Reasons

1. The facts of recognition are as follows: (a) on the basis of the original copy of the payment order in the Seoul Northern District Court case No. 2015Hu59179, the Defendant: (b) on February 19, 2016, the attachment execution (hereinafter “instant compulsory execution”) against the movables listed in the separate sheet C, 602 Dong-dong, Sungnam-si, Sungnam-si, and 201 (hereinafter “instant movables”); (c) on the basis of the original copy of the payment order in the case No. 2015Da5979, the Defendant may be recognized by taking account of the following facts: (a) there is no dispute between the parties;

2. Determination

A. The Plaintiff’s mother’s assertion is residing in the instant real estate, and the instant movable is owned by the Plaintiff, and thus, the Defendant, the obligee against the Plaintiff’s type B, asserts that compulsory execution against the instant movable should be denied.

In light of the fact that the Plaintiff submitted a purchase receipt for the movables listed in paragraphs (1), (3), and (4) of the attached list among the instant movables, but the purchased goods cannot be deemed the same as the seized goods, and that B appears to reside in the instant movables, the Defendant asserts that compulsory execution against each of the instant movables is lawful, since B owned and occupied the instant movables.

B. We examine whether the Plaintiff owned the instant movable property, and examine the following circumstances, which are acknowledged as comprehensively considering the evidence as mentioned above, evidence Nos. 1 through 5, and evidence No. 1 to No. 1, and the purport of the entire arguments No. 1, i.e., the Plaintiff submitted a purchase receipt to acknowledge that the Plaintiff purchased the movable property, etc. listed in the separate sheet No. 1, (3), and (4) among the instant movable property, and B made a move-in report on February 20, 2012, Seoul Mapo-gu D, 507 Dong 202, and the enforcement officer executing the instant compulsory execution, confirmed the credit information in the name of B, and the mail issued by the National Bank.

arrow