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(영문) 대구지방법원 포항지원 2018.08.14 2018가단100487
제3자이의
Text

1. The Defendant is subject to the executory payment order with the executive force of the Daegu District Court Branch Branch 2017 tea1863.

Reasons

1. On February 18, 2016, the Plaintiff completed the registration of ownership transfer in his/her future with respect to the instant building for amusement facilities and detached houses with the second floor of North-gu D and ground in North-gu, North-si (hereinafter “instant building”).

On April 3, 2016, the Plaintiff purchased 1,800,000 kn TV (three) in the attachment list No. 6 No. 2,640,000, 1 knife No. 1 in the attachment list No. 30 on April 30, 2016, and 820,000 on April 22, 2017, as shown in the attachment list No. 9 in the attachment list No. 820,00.

C had been residing on the second floor of the instant building before the Plaintiff purchased the instant building.

On January 24, 2018, the Defendant seized C’s attached corporeal movables on the second floor of the instant building under this Court No. 2018 Main91, based on the original copy of the payment order concerning C’s loan claim cases.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 through 4, 6 through 9, and the purport of the whole pleadings

2. Determination

A. According to the above facts acknowledged as to corporeal movables Nos. 1, 6, and 9 of the Attachment List No. 1, 9, it is reasonable to view that corporeal movables listed in the Attached List No. 1, 6, and 9 are owned by the plaintiff.

As to this, the Defendant alleged that C and the Plaintiff respectively returned to the Plaintiff as a substitute payment for each of the above corporeal movables. However, each of the above corporeal movables is owned by C, but the testimony of the witness E is insufficient to recognize the above fact, and there is no other evidence to acknowledge it.

B. In regard to corporeal movables No. 2, 3, 4, 5, 7, 8, 10, 11, and 12 in the separate sheet No. 5, it is insufficient to recognize the fact that corporeal movables listed in the separate sheet No. 2, 3, 4, 5, 7, 8, 10, 11, and 12 are owned by the plaintiff, and there is no other evidence to acknowledge it.

C. If so, the above compulsory execution should be dismissed only for corporeal movables Nos. 1, 6, and 9 of the attached list.

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