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(영문) 대전지방법원 2015.10.15 2015가단24710
제3자이의
Text

1. The plaintiff's claim is dismissed.

2. On July 17, 2015, this Court has regard to cases of application for suspension of compulsory execution of 2015 Chicago126.

Reasons

The Plaintiff asserted that, based on the executory judgment of Daejeon District Court 2014Gaso54602 against Nonparty C, the Defendant enforced compulsory execution (e.g., corporeal movables seizure) against the movables listed in the attached list on July 8, 2015. However, the said cooling house is the Plaintiff’s death to Nonparty D, and the above compulsory execution should not be permitted.

However, even if the plaintiff's assertion is based on the plaintiff's assertion, it is not sufficient to recognize that the above cooling house is owned by D and only the statement of Gap evidence 2 is sufficient to prevent the plaintiff from transferring or delivering the said cooling house. Therefore, the plaintiff's assertion is without merit.

In other words, even if the cooling house is not owned by C, unless the plaintiff owns it, the plaintiff cannot seek a non-permission of compulsory execution.

Thus, the plaintiff's claim of this case is dismissed as it is without merit.

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