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(영문) 인천지방법원 2015.11.26 2014가단30819
제3자이의의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 5, 2013, the Defendant received a final determination of the amount of litigation costs against C by the Incheon District Court 2013Kao943, and the said determination became final and conclusive on November 19, 2013.

B. On the basis of the executory exemplification of the above decision, the Defendant applied for a compulsory execution against the corporeal movables listed in the separate sheet. On April 11, 2014, the execution of the seizure of corporeal movables was completed by the Incheon District Court 2014No3076.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The Plaintiff asserts that, since the corporeal movables listed in the attached list are owned by the Plaintiff, compulsory execution based on the determination of the above amount of litigation costs should be dismissed.

However, the evidence submitted by the plaintiff alone is insufficient to recognize it, and there is no other evidence to recognize it.

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

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