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1. The Defendant’s Daegu District Court Decision 2019Na15369 Decided May 24, 2019, against Nonparty C, carries out its enforcement power.
Reasons
1. Facts recognized;
A. The status of the Plaintiff is a corporation that runs business with the purpose of the business, such as the business of melting and brewing non-metallic metals, gold, silver, refining, and extraction with the location of the headquarters of Kimcheon-si D, and the Defendant is a monetary creditor against Nonparty C.
B. On May 24, 2019, the Defendant, who acquired the Defendant’s executive title against Nonparty C, filed a lawsuit against Nonparty C seeking payment of the agreed amount as 15369 by this court. On May 24, 2019, the said court rendered a judgment in favor of the Defendant (the Plaintiff in the instant case) (hereinafter “instant judgment”), and the said judgment became final and conclusive around that time.
(c)
1) On July 18, 2019, on the basis of the executory exemplification of the instant judgment against Nonparty C, the Defendant seized movable property located in Kimcheon-siD on July 18, 2019. At the time, the movable property subject to the foregoing seizure was not included in each movable property listed in the attached list (hereinafter collectively referred to as “each movable property of this case”).
On the other hand, the non-party C argued that the corporeal movables seized as of July 18, 2019 were owned by non-party E by participating in the execution process of the above seizure.
2) Since then, the Defendant seized each of the instant tangible movables located in the same place on July 26, 2019 based on the executory exemplification of the instant judgment against Nonparty C with respect to Nonparty C.
However, the non-party C did not attend the execution process of the above seizure.
3) At the request of the Defendant, the enforcement officer affiliated with the Daegu District Court Kimcheon Branch inspected the status of custody of tangible movables seized on June 16, 2020 upon the request of the Defendant as an executor, and confirmed that the leader of the attached No. 15 (No. 72 as of the entire list of seizure in the seizure protocol) did not belong to the seized water storage place ( Kimcheon-si D, F).
4) Each of the instant movable properties (Attached No. 15 No. 15) in the auction procedure for the movable properties seized as of June 16, 2020.