beta
Text
1. The Seoul Central District Court 2012 Gohap530762 rendered an executory exemplification of the judgment against the Defendant C and D.
Reasons
1. Basic facts
A. On February 17, 2016, the Defendant issued a seizure execution (hereinafter “instant seizure execution”) against each of the corporeal movables listed in the separate sheet (hereinafter “instant corporeal movables”) in Gangnam-gu Seoul, Seoul, and G apartment 105 Dong 601 (hereinafter “instant apartment”) located in the name of the Plaintiff based on the judgment in the claim amount case No. 2012Gahap530762 against Nonparty C and D, Seoul Central District Court Decision No. 2012, May 17, 2016.
B. The Plaintiff was his parent C and D’s father at the time of the execution of the attachment of the instant apartment, together with his parent C and D.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 2 through 5, purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion that corporeal movables of this case are not owned by C and D, but the Plaintiff’s properties purchased by the Plaintiff. Thus, the execution of this case’s seizure based on the enforcement title against C and D ought to be rejected.
B. Determination 1) The lawsuit of demurrer against a third party is a lawsuit seeking the exclusion of enforcement by a third party who has a right to prevent transfer or transfer of the object of enforcement, such as ownership or a claim for claim on claims against the said object of enforcement. If such third party files a lawsuit of demurrer against a third party by becoming the plaintiff, the third party who becomes the plaintiff must not only assert the right to prevent transfer or transfer of the object of execution, such as ownership, as a ground for objection, to himself/herself, but also prove that the third party has the right to prevent transfer or transfer of the object of execution as a ground for objection, but also prove it. 2) According to the overall purport of each of the statements and arguments stated in subparagraphs 1, 6, 10, 14, and 19 of each of the corporeal movables of this case, each of the corporeal movables of this case, as stated in subparagraphs 1, 11 through 19, are purchased by the plaintiff and paid the price to the plaintiff.
However, among the other corporeal movables of this case, 2,3,4,5,7,7,8,9,11,12, 13, 15, 16.