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(영문) 인천지방법원 2016.04.22 2015가단249061
제3자이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Defendant: (a) entrusted the enforcement officer of the Incheon District Court with a compulsory execution of the instant corporeal movables based on the instant enforcement title against the Nonparty Union; (b) accordingly, on November 17, 2015, Incheon District Court 2015No9986, which was in the principal office of the Nonparty Union’s association’s principal office, executed the seizure of the instant corporeal movables.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that corporeal movables of this case were purchased by the Plaintiff and provided only until the liquidation or dissolution of the non-party partnership, is not owned by the non-party partnership, but owned by the Plaintiff.

Therefore, compulsory execution against the corporeal movables of this case, based on the enforcement title against the non-party partnership, should not be permitted.

B. However, it is not sufficient to acknowledge that the instant corporeal movables used by the non-party partnership as owned by the plaintiff only with the descriptions of the evidence Nos. 6-1, 2, 7, and 8-1, 2, 11, and 13 of the evidence Nos. 6-1, 8-2, and 13. There is no other evidence to acknowledge

3. Conclusion, the plaintiff's claim of this case is dismissed as it is without merit.

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