logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.08.18 2016가단19653
제3자이의
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiff A is his father, the plaintiff B is his children, and the plaintiff B and D live together.

B. On May 10, 2016, based on the original copy of the payment order in the Seoul Western District Court 2013 tea7328 case against D, the Defendant enforced compulsory execution against the corporeal movables listed in the attached attachment list at the residence of D and Plaintiff B.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. The plaintiffs' assertion and judgment

A. Among the corporeal movables listed in the attached list of the plaintiffs' claims, the 1st TV (Thosung), 4th kimchi air conditioners (Thosung) and 5th carcers (Thosung) are owned by the plaintiffs, not D, so compulsory execution against the said movables should be denied.

B. According to the evidence evidence Nos. 1 through 4, Plaintiff A purchased each of the above TV in his/her own name on April 2, 2015, 1, 23 November 2015, 2015, and 1, and the fact that points have been accumulated in D’s son’s son at the time of purchase of TV 1, May 2, 2014. However, Plaintiff A is not in his/her residence with D, and there is no reason to keep his/her own property to D or B, and Plaintiff B cannot be argued to have accumulated the point only when he/she purchased TV 1, but Plaintiff B cannot be found to have purchased the above TV 1, 1, 1, 14, 1, 1, 5, 1, 1, 1, 5, 1, 1, 1, 1, 5, etc. solely based on the evidence above.

3. In conclusion, the plaintiffs' claims of this case are all dismissed as it is without merit. It is so decided as per Disposition.

arrow