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(영문) 광주지방법원 2015.02.17 2014가단49055
제3자이의
Text

1. The Defendant is based on the executory exemplification of the judgment of the Supreme Court Decision 2010 Ghana138593 Decided August 9, 201 with respect to CD.

Reasons

1. On August 9, 2011, “D shall pay C 18,000,000 won and the rate of 20% per annum from August 26, 2010 to the date of full payment” filed a lawsuit against D by this court under this court’s 2010 Ghana 138593.

After acquiring the claim based on the above judgment from C, the Defendant seized the movable property listed in the attachment list in the Nam-gu Seoul, Gwangju as the executive title on October 2, 2014, by taking the above judgment against D as the executive title.

[Ground of recognition] Facts without dispute, Gap evidence 2-1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is the owner of the instant movable in which the instant movable was purchased and transferred by the Plaintiff during the corporeal movables Auction Procedure No. 2014No. 2714 (hereinafter “instant movable”). As such, the instant movable portion among compulsory execution against D by the Defendant for corporeal movables is not permissible.

B. The Defendant’s assertion (1) that the instant movable was not the Plaintiff, but G, the husband of F and D, purchased at the auction procedure No. 2014.2714 in this court.

(2) Since the Plaintiff did not receive the instant movable property, it is not the owner of the instant movable property.

(3) The Plaintiff’s claim against D is the most false claim, and the Plaintiff did not acquire the ownership of the instant movable because it did not pay the purchase price of the instant movable in the auction procedure.

3. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 and 6, the Plaintiff filed an application for the auction of corporeal movables in Gwangju-gu as the title of execution with the notary public against D, Law Firm Seo-ju, No. 762,60,000, KRW 12,600,000, as the title of execution of the deed of promissory Notes No. 762, Jun. 19, 2014, and the Plaintiff’s agent F purchased and delivered the instant movable property at the above auction procedure on June 19, 2014.

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