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(영문) 서울중앙지방법원 2016.05.18 2015가단152883
제3자이의
Text

1. The Defendant has the executory power over the case No. 2015 Asan District Court 2015 Ghana504 at the Daejeon District Court Branch of the Daejeon District Court.

Reasons

1. According to the evidence evidence No. 1, the Defendant’s attachment of each of the items listed in the separate sheet No. D and 201 in Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City (hereinafter “instant compulsory execution”) on September 1, 2015, based on the executory decision of performance recommendation for the Daejeon District Court 2015Da504, ASEAN Branch Court 201.

2. Assertion and determination

A. Since each of the items listed in the attached list of the plaintiff's assertion is owned by the plaintiff, the compulsory execution of this case must be dismissed.

B. First of all, there is no evidence to acknowledge that the Plaintiff acquired ownership of an article Nos. 1 in the separate sheet as to the article Nos. 1 in the separate sheet. Thus, the Plaintiff’s claim for this part is without merit.

Next, according to each description of the attached list Nos. 2 through 12, and each description of the attached list Nos. 2 and 10 through 15 (including the provisional number), and the witness C’s testimony and pleading, the Plaintiff may recognize the fact that the Plaintiff purchased or acquired by other means the goods listed in the attached list Nos. 2 through 12 prior to the enforcement of the instant case, and each of the items listed in the attached list Nos. 1 and 2 is insufficient to reverse the said fact, and there is no other counter-proof.

Therefore, the compulsory execution of this case should not be permitted only for the items listed in the separate sheet 2 to 12.

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

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