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(영문) 수원지방법원안산지원 2019.09.06 2018가단18214
제3자이의
Text

1. On the basis of the executory exemplification of the judgment rendered by the Suwon District Court 2017 Ghana 34246, the Defendant rendered an executory judgment against D.

Reasons

1. Facts of recognition;

A. On October 17, 2018, the Defendant, based on the executory exemplification of the judgment of Suwon District Court No. 2017Gaso342466, the Defendant enforced each of the same companies listed in the attached attachment list No. 201 (hereinafter “each of the instant movables”) in the Suwon District Court E, Ansan-si, Ansan-si, where D resides, and the attached attachment list No. 34246, on the basis of the executory exemplification of the judgment against D.

B. On July 3, 2018, the Plaintiff purchased 1 air conditioners (diuses) as indicated in No. 1 of the Attached List No. 1 (hereinafter “nets”) among each of the instant movables.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 3 evidence, purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts as to the articles listed in No. 1, it is reasonable to view that the movables listed in No. 1 among each of the movables of this case were purchased by the Plaintiff and owned by the Plaintiff. Thus, the above compulsory execution based on the premise that the said movables are owned by D is unlawful.

Therefore, compulsory execution against the movables mentioned above No. 1 should not be permitted.

B. As to each of the movables Nos. 2, 3, 4, and 5, the Plaintiff asserts that since each of the movables listed in Nos. 2, 3, 4, and 5 among the movables in the instant case belongs to the Plaintiff, compulsory execution against each of the said movables should be denied.

However, the evidence presented by the Plaintiff alone is insufficient to recognize the fact that each of the above movables is owned by the Plaintiff, and there is no other evidence to acknowledge it.

The plaintiff's claim for this part is without merit.

3. In conclusion, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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