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(영문) 인천지방법원 2016.09.02 2016가단209169
제3자이의
Text

1. On March 2, 2016, the Defendants based on the executory exemplification of the Busan District Court Decision 2013Kahap19703.

Reasons

1. Facts recognized;

A. The Defendants filed an application for a compulsory auction of corporeal movables with the Busan District Court Decision 2013Gahap19703, the title of enforcement against E, as the Busan District Court Decision 2016No984.

Accordingly, on March 2, 2016, the enforcement officer of the Incheon District Court seized each object in the attached Form F, 104 Dong 3404 (hereinafter “instant apartment”) located in the Seo-gu Incheon, Seo-gu, 2016 (hereinafter “instant apartment”).

B. Meanwhile, the Plaintiff purchased the instant apartment around August 20, 2014 and completed the registration of ownership transfer in its name on September 5, 2014, and E completed the resident registration in the instant apartment on May 8, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 3, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. (1) The plaintiff's assertion (1) asserts that, as the plaintiff's land is the plaintiff's land, E is only residing in the apartment of this case owned by the plaintiff, compulsory execution of this case's goods should be rejected.

As to this, Defendant B asserts that the compulsory execution of this case is justifiable, since it does not mean that the Plaintiff had allowed E to temporarily reside in the apartment of this case owned by the Plaintiff.

B. (1) The following facts are acknowledged in light of each of the statements in Gap evidence Nos. 1-1, 2, 3, 3, 4, 5-1 to 3, 6-1, 7, 8-1, 2, 9-1, 2, 10-1, 10-2, and 2, and the purport of the whole pleadings.

(A) Articles Nos. 1, 4, 6, and 8 are purchased with the corporate card of G Co., Ltd. listed as the representative director, around August 30, 2014; around February 24, 2014; and around October 29, 2015; and around December 22, 2015, the items Nos. 11, and 12 in the attached Form Nos. 10 were purchased with the corporate card of G Co., Ltd. listed as the representative director.

(B) Articles Nos. 2 and 3 are released from the Plaintiff’s account on or around September 1, 2014, and No. 7 are released from the Plaintiff’s account on or around August 31, 2014.

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