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(영문) 수원지방법원안산지원 2019.11.13 2019가단6034
제3자이의
Text

1. For each item listed in the separate sheet:

A. The defendant C is the Suwon District Court for G Co., Ltd.

Reasons

1. Basic facts

A. On September 14, 2018, the Plaintiff entered into a facility lease agreement with G Co., Ltd. (hereinafter “Nonindicted Company”) with respect to the goods listed in the separate sheet owned by the Plaintiff (hereinafter “instant goods”) for a fixed period of 48 months. The Plaintiff agreed to have the ownership of the instant leased goods during the lease period, and delivered the instant goods to the Nonparty Company.

B. The Defendants filed an application for compulsory execution on the basis of each executive title stated in Paragraph (1) of the Disposition against the non-party company, and the Suwon District Court’s Ansan Branch enforcement officer seized the instant leased object as described in Paragraph (1) of the Disposition within the non-party company’s business place.

[Ground of recognition] The fact that there is no dispute, Gap's 1 or 6 evidence, the whole purport of the pleading (Provided, That with respect to defendant F corporation, it shall be deemed as confession under Article 150 (3) of the Civil Procedure Act)

2. According to the above facts, since the owner of the leased article of this case is the plaintiff, each seizure execution against the leased article of this case, based on each of the titles of execution, by the defendants, cannot be permitted on the premise that the leased article of this case is owned by the non-party company.

3. If so, the plaintiff's respective claims against the defendants are with merit, and it is so decided as per Disposition.

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