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(영문) 대전지방법원서산지원 2019.08.14 2019가단51616
제3자이의
Text

1. The Seoul Central District Court Order 2016Hu171527 against the Defendant C is an executory payment order.

Reasons

1. Comprehensively taking account of the facts stated in Gap evidence No. 6 and the purport of the entire pleadings, the defendant’s attachment of each of the items listed in the separate sheet No. D in Seocho-si, Seosan (hereinafter “instant compulsory execution”) on March 19, 2019 based on the executory payment order for the acquisition money case No. 2016, the Seoul Central District Court 2016, 171527, against the plaintiff’s husband C, which is the plaintiff’s husband.

2. Assertion and determination

A. Since each of the items listed in the attached list of the plaintiff's assertion is owned by the plaintiff, the compulsory execution of this case must be dismissed.

B. First of all, in light of the purport of the entire pleadings in the statement No. 3 and No. 4, it can be acknowledged that the Plaintiff purchased the goods No. 5 in the separate sheet prior to the execution of the instant case.

However, it is not sufficient to recognize that the Plaintiff purchased the remaining goods except for the goods No. 5 from among the goods listed in the attached Table No. 5, and there is no other evidence to acknowledge it.

Therefore, the compulsory execution of this case should not be permitted only to the items No. 5 stated in the attached list.

3. The plaintiff's claim for conclusion is accepted within the scope of the above recognition, and the remainder is dismissed as it is without merit.

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