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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 9, 2018, the enforcement officer E affiliated with the Gwangju District Court rendered an impossible disposition on the ground that the debtor’s possession cannot be specified, on the grounds that the former District Court’s 2017 tea1809 (hereinafter “C”) was placed at the above site for the execution of seizure of the entire seized corporeal movables, such as fish powder kept within the Jeonnam-gun F, according to the Defendant’s delegation based on the original copy of the order of payment with executory power over the purchase price of goods (hereinafter “the original copy of the instant order of payment”).
B. Accordingly, on April 5, 2018, the Defendant filed an objection to the enforcement of the Ganju District Court Supo Branch D, and on April 5, 2018, the said court rendered a ruling that “The enforcement officer E affiliated with the Ganju District Court Supo Branch E, upon the delegation of the Defendant based on the original copy of the instant payment order, shall execute the seizure of the entire corporeal movables, such as fish powder kept within the Yannam District F, Youngnam District Court.”
The reasons are as follows: “C leases and uses buildings, etc. located in Youngnam Cancer F, and bears the electricity charges for the above buildings, etc.; and considering the fact that the owner of a vehicle located in the above execution place is C and the things located in the above execution place are related to C’s business, corporeal movables located in the above execution place should also be deemed possessed by C.”
C. On April 17, 2018, on the basis of the original copy of the instant payment order, the Defendant executed a seizure (hereinafter “instant compulsory execution”) with respect to the goods indicated in the attached attachment list (hereinafter “instant fishing portion”).
[Ground of recognition] Unsatisfy, Gap evidence 3, Eul evidence 1, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The Plaintiff’s assertion is that the Plaintiff was only in custody of C’s Young Cancer warehouse, and is owned by C.