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(영문) 대전지방법원논산지원 2015.05.14 2014가단5756
제3자이의
Text

1. The Defendants’ executory exemplification of the Daejeon District Court Decision 201Da185932 Decided April 20, 2012 with respect to F.

Reasons

Basic Facts

A. In the claim of wages, etc. between the Defendants and F, the said court rendered a judgment on April 20, 2012, stating that “F shall pay the Defendants each amount of KRW 2,90,000 and 20% interest per annum from June 15, 2011 to the date of full payment,” and the said judgment became final and conclusive around that time.

B. Based on the foregoing final judgment, the Defendants filed an application for a seizure of corporeal movables in G-ground buildings ( Daejeon District Court 2014No. 615). On November 26, 2014, enforcement officers seized 34 kinds of corporeal movables, including corporeal movables listed in the separate sheet, on the basis of the foregoing final judgment.

[Ground of recognition] The Plaintiff asserts that corporeal movables listed in the attached list among 34 kinds of corporeal movables attached on November 26, 2014, which were seized on November 26, 2014, are those owned by the Plaintiff, but did not have been returned. The Plaintiff and Defendant C, D, and E pursuant to Article 150 of the Civil Procedure Act, the above Defendants were led to confession. The above facts can be acknowledged between the Plaintiff and Defendant B based on the respective statements in subparagraphs 2 through 7 and the whole purport of pleadings.

Therefore, the compulsory execution against the corporeal movables listed in the separate sheet among the compulsory execution against the corporeal movables in the Daejeon District Court 2014No. 615, which was conducted on November 26, 2014, should be denied as it infringes on the Plaintiff’s ownership.

Therefore, the claim of this case is justified, and it is so decided as per Disposition.

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