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(영문) 부산지방법원동부지원 2020.07.07 2019가단10639
제3자이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The fact that the Defendant’s execution on November 12, 2019, based on the instant notarial deed against C, was carried out by the Defendant on November 12, 2019 does not conflict between the parties.

Judgment

The plaintiff asserts to the effect that "the goods of this case are owned by the plaintiff, so the defendant's compulsory execution should not be permitted."

A lawsuit of demurrer by a third party is a lawsuit seeking the exclusion of enforcement by raising an objection to a compulsory execution that infringes on the ownership, transfer, or transfer of an object of execution in cases where the third party has a right to prevent such transfer or transfer. The burden of proving that the subject matter of enforcement is the Plaintiff’s ownership, or the right to prevent transfer or transfer of the object of execution, is the Plaintiff.

However, the written evidence Nos. 1, 3, and 4 alone is insufficient to recognize the instant goods as the Plaintiff’s ownership, and there is no other evidence to acknowledge it otherwise.

Thus, the plaintiff's claim shall be dismissed as it is without merit.

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