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(영문) 대구지방법원 경주지원 2018.01.30 2017가단2277
제3자이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On July 11, 2017, the Defendant seized each of the corporeal movables listed in the separate sheet (hereinafter “each of the instant movables”) on the land D at racing-si (hereinafter “instant land”) with the authentic copy of the authentic copy of the written claim stated in the purport of the claim against Nonparty C as the executive title.

(Ground of recognition), Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, the purport of the whole pleadings, and the purport of the whole pleadings, without dispute.

2. Determination on the cause of the claim

A. The gist of the Plaintiff’s assertion is that each of the instant movables owned by the Plaintiff, and thus, the Defendant’s compulsory execution against each of the instant movables ought to be denied.

B. 1) Determination 1) The lawsuit by a third party is a lawsuit seeking the exclusion of enforcement with respect to compulsory execution that infringes upon the third party’s ownership or right to restrain transfer or transfer of the subject matter of enforcement. The grounds for objection in the lawsuit by a third party, namely, the grounds for objection that the subject matter of compulsory execution is owned by the plaintiff or the right to restrain transfer or transfer to the plaintiff. 2) In light of the evidence evidence No. 2, the fact that the third party owned shares of 248/8,254 among the land of this case, C, the remaining 8,06/8,254 shares, and the remaining 8,006/8,254 shares in C, but comprehensively taking account of the evidence No. 1 and No. 2 evidence No. 2 and the purport of the entire pleadings, each of the movable property of this case is an object related to the operation of a farm, the president of the cooperative of this case’s land to the address of the third party, and C, the Plaintiff’s ownership of each of the movable property of this case.

3. Accordingly, each of the instant movables is Plaintiff.

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