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(영문) 서울서부지방법원 2018.05.30 2017가단15112
제3자이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff (E) is the mother of C (F) who bears monetary obligations against the Defendant, and is residing in Seoul G Apartment 108 Dong 1205 (hereinafter “instant apartment”).

B. Based on the authentic copy of the No. 439 of the notarial deed No. 439 of 2015, the Defendant seized the instant corporeal movables in the apartment of this case as the court 2017No. 1224.

[Ground of recognition] Unsatisfy, entry of Gap evidence 2 to 5, purport of whole pleadings

2. Since the corporeal movables of the Plaintiff’s assertion are objects owned by the Plaintiff, which were used by the Plaintiff from May 25, 1978, compulsory execution should be denied.

3. Determination

A. Comprehensively taking account of the overall purport of the pleadings in each of the statements in Eul evidence Nos. 1 through 7, the following can be acknowledged: (a) Tybro, cooling, washing machine, air conditioners, etc. among the instant corporeal movables are electronic equipment produced by ELB and Bania around 2000 to 208; (b) the Plaintiff completed the move-in report as the instant apartment on March 13, 200 and lived with C; (c) while engaging in economic activities, such as operation of massage business, etc., and (d) obtained loans under the name of the Defendant on September 3, 2015 and used the said loans by transferring them to the deposit passbook in the Plaintiff’s name.

B. In light of the manufacturing timing of the above electronic equipment and the time when the Plaintiff and C began residing in the apartment of this case, it is reasonable to view the instant corporeal movables as the goods purchased by C, which were engaged in income activities, in view of the Plaintiff’s age and relationship between the Plaintiff and C at the time of the purchase of the said electronic equipment, and the instant corporeal movables as the goods purchased by C, contrary to the Plaintiff’s assertion.

Therefore, the plaintiff's assertion cannot be accepted.

4. The plaintiff's claim is dismissed. It is so decided as per Disposition.

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