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(영문) 수원지방법원여주지원 2016.11.09 2016가단3128
제3자이의
Text

1. The defendant's Seoul District Court Branch Decision 2015Kadan113158 decided on the defendant's New High Court's non-party corporation.

Reasons

1. The Defendant, based on the facts, filed an application for compulsory execution (hereinafter “instant compulsory execution”) with the Suwon District Court Branch Branching 2015da113158 on the executory exemplification of the judgment rendered by the Incheon District Court Branching 2015da113158, and filed on March 25, 2016, with respect to corporeal movables listed in the separate sheet (hereinafter “the instant movable”) in Echeon-si B (hereinafter “instant movable”).

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion that the movable property of this case was leased to New UBK as the Plaintiff’s possession, and thus, the Defendant’s compulsory execution against the movable property of this case owned by the Plaintiff should be denied.

B. In full view of each description of Gap evidence Nos. 2 through 11 (including serial numbers) and the whole purport of the arguments, it concluded a contract with DHC Machinery Co., Ltd. (hereinafter "DHC Machinery") on September 12, 2012 that DHC Machinery manufactures the instant movable property and delivers it to the plaintiff, and the plaintiff shall pay DHC Machinery KRW 710,000,000 (excluding value-added tax) with the price for DHC Machinery. ② D is between the New Bakkkk's, the lease period of KRW 5.3 million for three months, the lease period of KRW 5.3 million for five years from September 12, 2012, the deposit amount of KRW 6,266,72 billion for the instant movable property to be leased to DHC Machinery Co., Ltd., Ltd. (hereinafter "DHC Machinery"), and ③ is paid KRW 36,000,000,000 for the instant movable property to be leased to DHC.

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