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(영문) 의정부지방법원고양지원 2015.05.28 2014가단36187
제3자이의
Text

1. The Defendant has the executory power over the Defendant’s claim for loans (No. 2009 Ghana79221) against the Cheongyang District Court Decision 2009 Ghana.

Reasons

1. Basic facts

A. On October 16, 2014, the Defendant seized an entrance air conditioner and a wall bridge (LG, FNC173DBS) (hereinafter “instant apartment”) under Article 1 (hereinafter “instant apartment”) of this Court No. 2009Gau7921, 2014, 2014Gau-si, Gyeonggi-do, which is the Plaintiff’s domicile (hereinafter “instant apartment”).

B. The plaintiff is residing in the apartment of this case with the plaintiff's father C, parent E, and Dong F.

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

2. The assertion and judgment

A. The plaintiff asserted that the goods of this case in cash of 800,000 won and that the plaintiff's Dong F calculated and purchased 800,000 won by credit card with the plaintiff's credit card, are jointly owned by the plaintiff and F, so it is unreasonable for the defendant to enforce compulsory execution against C with the executive title.

The defendant asserts that the articles of this case are purchased by the plaintiff's mother-friendly E, and they are not owned by the plaintiff, and even if owned by the plaintiff, since C and E are jointly owned by the plaintiff's parent, compulsory execution should be allowed.

B. The following circumstances, which can be acknowledged by comprehensively considering the purport of the entire pleadings in each statement in Gap evidence Nos. 2 through 4, i.e., the instant article purchased at Home Pusscerscers’ point from July 16, 201 to Home Pusscers’ point to KRW 850,000, out of KRW 1,600,000, excluding the remainder of KRW 200,000 and merchandise coupon 50,000, which is the card, were paid in cash, and the remainder of KRW 80,000,000 is calculated by the credit card in the name of Plaintiff F. ② Although points were set aside for the purchase of the instant article, it appears to be more important factor in acquiring ownership of the article, and ③ the Defendant also imposes compulsory execution on the instant apartment.

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