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(영문) 수원지방법원 2018.11.01 2018나3714
제3자이의
Text

1. The part of the judgment of the first instance against the plaintiff shall be revoked.

2. The defendant's notary public against C shall be the other general law firm.

Reasons

1. Basic facts

A. The plaintiff is a married couple C and C.

B. According to the delegation by the Defendant, the creditor of C, the Plaintiff and C’s residence (Yaun-gu D, 501) were executed for each of the corporeal movables listed in the attached seizure list according to the instant notarial deeds in accordance with the instant notarial deeds.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 6 evidence, purport of the whole pleadings

2. In addition to the purport of the entire pleadings in the statement of No. 8 of the judgment, it can be recognized that each of the corporeal movables listed in the separate attachment list No. 4 and No. 5 is donated to the Plaintiff by purchasing on January 16, 2015 by the Plaintiff’s mother, and the Defendant does not clearly dispute this.

Therefore, since each of the corporeal movables listed in the attached list Nos. 4 and 5 is owned by the plaintiff, a compulsory execution against each of the above corporeal movables on the basis of the instant notarial deed against C shall not be permitted.

3. In conclusion, the plaintiff's claim of this case is justified, and since the judgment of the court of first instance is unfair in some different conclusions, the plaintiff's appeal is accepted, and the part against the plaintiff in the judgment of first instance shall be revoked and the compulsory execution against corporeal movables in the attached list Nos. 4 and 5 shall be dismissed. It is so decided as per Disposition.

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