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(영문) 인천지방법원 2018.04.10 2017가단10793
제3자이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Each of the items listed in the separate list of the reasons for the Plaintiff Company’s claim (hereinafter collectively referred to as “instant items”) is not owned by Nonparty B but owned by the Plaintiff Company. Thus, compulsory execution against the instant items based on an executory payment order with respect to B ought to be denied.

2. In a case where a third party has a right to prevent ownership or transfer or transfer of the subject matter of execution, the burden of proving that the subject matter of execution is subject to compulsory execution, namely, the right to prevent the ownership or transfer or transfer of the subject matter of execution, and that the subject matter of execution is subject to compulsory execution, and that the subject matter has a right to prevent the ownership or transfer or transfer of the subject matter to the Plaintiff Company.

As to the instant case, comprehensively taking account of the overall purport of evidence Nos. 2, 3, and 1 and evidence Nos. 1, the Plaintiff Company: (a) operated the “E Hospital” in the Gyeyang-gu Incheon Metropolitan City building’s ground operation and Nadong (hereinafter collectively collectively referred to as “each of the instant buildings”); (b) as the owner of the instant land and the representative of the Plaintiff Company; (c) as the Seoul Central District Court No. 2013Gahap51875, the Plaintiff Company and Dogdong Private Teaching Institutes (hereinafter referred to as the “SA”) filed a lawsuit against the Plaintiff Company, the Plaintiff Company and Dogdong Private Teaching Institutes (hereinafter referred to as the “SA”) for the purpose of providing medical services, developing biotechnology technology, producing pharmaceutical products, etc.; and (d) filed a lawsuit against the Plaintiff Company and Dogdong Private Teaching Institutes for the cancellation of ownership transfer registration as to each of the instant land, each of the instant building and the instant medical devices, equipment equipment, fixtures, and fixtures, ④ ownership transfer registration.

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