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The plaintiff's claim is dismissed.
This Court shall enter into force on August 20, 2020 with respect to cases of applying for the suspension of compulsory execution.
Reasons
1. Facts of recognition;
A. On August 3, 2020, the Defendant seized the movable property indicated in the attached attachment list (hereinafter “instant movable property”) from Sejong Special Self-Governing City E apartment and F, which is the residence of Sejong Special Self-Governing City, on August 3, 2020, with the enforcement title of the Incheon District Court 200 teaM735 with respect to C (name before the opening of name: D) as the enforcement title.
(hereinafter “instant seizure”). (b)
The plaintiff is a female student of C.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. On May 27, 2020, G, another creditor of the Plaintiff’s claim prior to the seizure of this case, seized movables listed in attached Table 1 through 15 to the Daejeon District Court H on May 27, 2020, and the Plaintiff purchased the said movables by paying KRW 2.2 million to G on June 14, 2020, each of the said movables is owned by the Plaintiff. Since the movables listed in the attached list 16 through 19 are household sets goods, this also holds the Plaintiff’s ownership.
Therefore, since this case's movable is owned by the plaintiff, compulsory execution against this case's movable should be rejected.
B. In light of the judgment, even if G, a creditor of C, was seized on the goods owned by C, G cannot immediately be deemed as acquiring the ownership of G. Thus, even if the Plaintiff paid KRW 2.2 million to G, a previous seizure authority, it cannot be deemed as the owner even if it was paid by the Plaintiff to G.
(C) The Plaintiff’s assertion is without merit without the need for further review. The Plaintiff’s assertion is without merit without the need for further review. The Plaintiff’s assertion is without merit.
3. If so, the plaintiff's claim of this case is dismissed as it is without merit.