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(영문) 전주지방법원 2015.08.13 2014가단44040
제3자이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 4, 2014, the Defendant: (a) based on the lower court’s decision on the litigation cost determination, the Jeonju District Court, Kim Jong-si Court, 201Gau124 (2014Kadan16); and (b) based on the lower court’s 2012Kao-4 (2014Kao18), executed compulsory execution against movable property listed in the separate sheet D at Kim Jong-si, a domicile of C (hereinafter “instant compulsory execution”).

B. The Plaintiff, as a mother of C, was examined with C at Kim Jong-si, the domicile of C, but upon seizure of movable property indicated in the separate sheet, the Plaintiff filed a lawsuit of demurrer against the third party on December 11, 2014 with this court on the ground that the movable property listed in the separate sheet was owned by the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The assertion and judgment

A. Among the movable property listed in the attached list of the Plaintiff’s assertion, laundry and wall air conditioners are the Plaintiff’s mountain, and Kimchi Refashers are all owned by the Plaintiff since they are all owned by the Plaintiff, since they are the objects transferred to the Plaintiff while they discontinued their restaurant business while they run their restaurant business.

B. We cannot accept the Plaintiff’s assertion on the following grounds: (a) there is a lack of evidence to acknowledge that the Plaintiff purchased or transferred the attached list to the Plaintiff because the Plaintiff was the original owner of the attached list, solely on the basis of each of the documents stated in the attached list Nos. 6 through 9, as to whether the movable property listed in the attached list is movable property owned by the Plaintiff.

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

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