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(영문) 대구지방법원서부지원 2016.03.31 2015가단22407
제3자이의
Text

1. The Defendant’s original copy of the payment order with executory power against Nonparty B, Seoul Southern District Court 2015Hu42457.

Reasons

1. On November 26, 2015, the Defendant enforced compulsory execution against Nonparty B on the basis of the executory payment order with Seoul Southern District Court 2015Hu42457, the Defendant seized corporeal movables, including the articles listed in the separate sheet on November 26, 2015.

(A) In full view of the overall purport of the arguments in the evidence Nos. 1, 2, and 4 as to the existence of the grounds for objection by the third party, the corporeal movables listed in the attached list are those purchased by the plaintiff with the plaintiff's funds before and after the marriage with the non-party No. 2, and are the plaintiff's unique property not owned by the plaintiff and the non-party No. 2 pursuant to Article 830 (1) of the Civil Act.

Therefore, since the above compulsory execution was conducted on the property owned by the plaintiff, not on the debtor, it is reasonable to refuse it.

3. If so, the plaintiff's claim is justified and accepted.

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