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Reasons
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(영문) 대구지방법원 서부지원 2018.11.15 2018가단56937
제3자이의
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of publishing and selling magazines on March 15, 2016. C is the Plaintiff’s representative director, D’s inside director, and E’s auditor.

B. On January 18, 2018, the Defendant filed a lawsuit against C and D for the claim for the remainder of the purchase price with the Seo-gu District Court Branch Decision 2018Gadan842, and in the foregoing case, the decision to recommend settlement that “C and D jointly pay the Defendant the amount of KRW 149,00,000,00 and the delay damages therefor,” was finalized (hereinafter “instant enforcement title”).

C. Based on the instant enforcement title, the Defendant filed an application for a compulsory execution on the corporeal movables listed in the separate sheet (hereinafter “corporeal movables”). In the instant case, the instant corporeal movables were sold at KRW 3,520,00, and the Defendant received delivery of KRW 2,909,650, which deducts KRW 610,350 from the proceeds of sale at KRW 3,520,000.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings

2. The plaintiff's assertion as to the plaintiff's assertion that the corporeal movables in this case are not owned by C and D, but owned by the plaintiff. The defendant applied for compulsory execution on the corporeal movables in this case based on the title of this case against C and D, and the corporeal movables in this case were sold in KRW 3,500,000, and thus, the defendant is liable to return 3,500,000 won and damages for delay to the plaintiff with unjust enrichment.

According to the statement in Gap evidence No. 4, although a sales contract for private housing goods was prepared to the effect that "the plaintiff purchases corporeal movables, etc. from E on August 24, 2013 at KRW 10,000,000," the following circumstances, i.e., the plaintiff was established for the purpose of publishing and selling magazines on March 15, 2016.

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