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(영문) 대구지방법원 2016.08.11 2016나2237
제3자이의
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

Reasons

1. Basic facts

A. On January 18, 2013, the Defendant filed a lawsuit against Nonparty C seeking payment of KRW 30 million and damages for delay with the Suwon District Court Branch Decision 2013Da2474 on January 18, 2013. On May 8, 2013, the said court rendered a judgment in favor of the Defendant pursuant to Article 208(3)1 of the Civil Procedure Act, and the said judgment became final and conclusive at that time.

B. On September 9, 2015, the Defendant’s compulsory execution of the above executory judgment attached a television, etc. in the house D at door-si residing by C based on the original copy of the above executory judgment. The detailed list is as shown in the attached Table 1.

C. On the other hand, on April 21, 2014, the Plaintiff purchased and received television, etc. in the compulsory execution procedure of the execution stipulated in the Suwon District Court’s Ansan Branch No. 2012No. 5001, Jun. 21, 2014, which was the previous Plaintiff’s compulsory execution, on the part of the Defendant, and the previous Plaintiff’s son’s son F and son’s son’s son’s son’s son’s son’s

However, the Plaintiff left home tools purchased in the above residential area, thereby allowing C and E to possess them.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including branch numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. All of the movables listed in the separate sheet No. 1, which the plaintiff alleged that they were forced by the defendant, are included in each movable property listed in the separate sheet No. 2, which the plaintiff purchased at the auction procedure of the said Suwon District Court.

After all, each movable mentioned in the separate sheet No. 1 list is owned by the plaintiff, and the plaintiff stored it in C and E, so the defendant's compulsory execution against each movable listed in the separate sheet No. 1 list should be denied.

(b) Determination 1) The movable dives set out in No. 6 List No. 1 List, and the list No. 1 (a list drawn up at the time of seizure)

As seen from the point of view, the movable property described in the No. 6 list of annexed Table 1, which the defendant enforced, is a propeller.

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