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(영문) 광주지방법원순천지원 2019.02.28 2018가단78609
제3자이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

On June 18, 2018, the Defendant received a ruling of provisional seizure of corporeal movables by this Court No. 2018Kadan550 on June 18, 2018 in order to preserve the loan claim against C, and on June 19, 2018, the fact that the Defendant executed provisional seizure of corporeal movables as stated in the attached list (200 points for corporeal movables in Korea, hereinafter “the instant corporeal movables”) on June 19, 2018 as the authentic copy of the said ruling, does not conflict between the parties, or may be recognized by the evidence set forth in subparagraphs A through 3.

The plaintiff asserts that among the corporeal movables of this case, the corporeal movables owned by the plaintiff are included.

However, the Plaintiff bears the burden of proving that the object of attachment execution is the Plaintiff’s ownership in the lawsuit of demurrer against a third party. The evidence submitted by the Plaintiff, such as evidence Nos. 11 through 17 (including additional numbers), etc. is insufficient to recognize the Plaintiff’s above assertion, and there is no other evidence to prove otherwise.

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.

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