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1. On March 13, 2014, the Defendant’s additional branch court of the Incheon District Court for the Incheon District Court for the case of wages of 2014 Ghana117.
Reasons
1. Basic facts
A. Upon receipt of the decision of performance recommendation made on March 13, 2014 that “C shall pay to the Defendant 5,00,000 won and 20% interest per annum from February 15, 2013 to the date of complete payment,” the Defendant filed a lawsuit on the claim for wage payment against C with the Busan District Court Branch of the Incheon District Court 2014Gapo117, Kimpo-si, Kimpo-si, Kimpo-si (hereinafter “instant movable property”), and the said decision became final and conclusive upon receipt of the decision of performance recommendation made on March 13, 2014, the Defendant executed the attachment of the movable property listed in the attached list (hereinafter “instant movable property”), which was kept in Kimpo-si on December 18, 2014 with executory exemplification.
(hereinafter “instant compulsory execution”). B.
On November 4, 2011, the Plaintiff entered into a contract with CNC mining stations, 16 beamers, 25 beamers, and 33,000,000 won, and delivered the said machinery. However, upon C’s failure to pay the said machinery cost, the Plaintiff entered into a mechanical lease agreement with the content that additionally delivers the machinery, including the instant movable property, and receives KRW 1,00,000,000 monthly rent, and on December 16, 2013, a notary public entered into the said agreement with the content as 05784,000, such as Law Firm LSS, etc.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 5, the purport of the whole pleadings
2. According to the above facts of recognition, it is reasonable to view that the movable of this case belongs to the Plaintiff’s ownership before the compulsory execution of this case. Thus, the compulsory execution of this case’s movable of this case should be denied.
3. If so, the plaintiff's claim of this case is justified and it is so decided as per Disposition.