logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2016.04.07 2015가단32049
제3자이의
Text

1. The Defendant’s notary public against Nonparty C has the executory power of No. 3104, 2013.

Reasons

1. Facts of recognition;

A. On August 27, 2015, the Defendant: (a) based on the authentic copy of a notarial deed with the executory power of No. 3104, No. 3104, a notary public against Nonparty C issued a seizure of the movable property indicated in the attached list No. 4, 105, and 810.

B. Of the movables listed in the separate sheet, the Plaintiff purchased the laundry on November 20, 2007; November 13, 201 for the coolant; and on November 24, 2011 for EXs.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, 6, and 7, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, since movable properties listed in the attached list are owned by the plaintiff, the defendant's compulsory execution based on the claim against the non-party C should be dismissed.

B. As to this, the Defendant asserts to the effect that, as the Plaintiff and C are married, one-half of the movables listed in the separate sheet is owned by C, or the above movables are the main goods, and thus, the above compulsory execution is lawful.

According to the evidence No. 8, the plaintiff and C were married on January 30, 2012, and C was transferred on January 30, 2012. Since movable properties listed in the separate sheet are purchased by the plaintiff before they were purchased by the plaintiff, the defendant's assertion is unacceptable.

3. Conclusion, the plaintiff's claim of this case is justified.

arrow