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1. On April 8, 2015, the Defendant’s legal representative Park Jong-chul, No. 1569, written in the authentic copy of the notarial deed No. 1569 against the Defendant C, shall be attached hereto.
Reasons
1. Facts of recognition;
A. The Defendant is a creditor based on the No. 1569 of the No. 1569 of the notarial deed of August 11, 2011 (hereinafter “No. notarial deed of this case”) against C, and the Plaintiff is a grandchild of C.
B. The Defendant based on the notarial deed of this case 2015
4. 8. 8. Ulsan-gu D and 302 (hereinafter “instant execution place”) enforced compulsory execution against the articles listed in the attached list (hereinafter “instant movable”) in the Nam-gu, Ulsan-gu (hereinafter “instant execution place”) and seized them.
[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 and 2, purport of the whole pleadings]
2. The party's assertion and judgment as to it
A. The execution place of the Plaintiff’s assertion is the place where the Plaintiff died, and the movable property of this case is owned by the Plaintiff, and C is merely the passage of the Plaintiff’s house.
B. The Plaintiff bears the burden of proving that the instant movable was owned by the Plaintiff, namely, the grounds for objection in the lawsuit of demurrer by the third party.
According to the health stand, Gap evidence Nos. 4 and Eul evidence No. 1, the execution place of this case is the place where the plaintiff resides after completing the move-in report, and C does not have any move-in report at the above execution place and is a move-in report to another domicile. In light of the purport of the entire pleadings, the movable property of this case seems to belong to the plaintiff.
Therefore, according to the notarial deed against the defendant C, compulsory execution against the movables of this case should not be permitted.
3. The plaintiff's claim of this case is justified.