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(영문) 수원지방법원성남지원 2017.07.26 2017가단765
제3자이의
Text

1. The Defendant’s notary public against B Co., Ltd. No. 165, No. 2016, 2016.

Reasons

1. Basic facts

A. On December 28, 2016, the Defendant seized each of the corporeal movables listed in the separate sheet No. 165 (hereinafter “the instant corporeal movables”) in the Sungnam-si C and 205 (hereinafter “instant business site”) on the basis of the notarial deed No. 165 of the Money Loan Agreement No. 165, No. 165, a notary public against B Co., Ltd. (hereinafter “Nonindicted Company”) on December 28, 2016.

B. At the time of the above seizure, the enforcement officer notified the operator D at will, but argued that it was owned by a third party, and enforced the seizure in response thereto.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1, and the purport of whole pleading

2. The Plaintiff asserts that the instant corporeal movables are owned by the Plaintiff. Considering the purport of the entire pleadings as a whole, the Plaintiff paid KRW 150,000,000 to Nonparty Company around April 2016, and paid KRW 100,000 to Nonparty Company and KRW 100,000 as the lease deposit for the instant corporeal movables. The Plaintiff’s possession of KRW 70,000,000 as the house and fixtures of the instant place of business, and KRW 30,00 as the operating income, etc., 30,000,000 to Nonparty Company’s payment of KRW 10,00,00,000 to Nonparty Company on April 29, 2016, and each of the above list of corporeal movables purchased on June 27, 2016 to the Plaintiff on June 27, 2016, and each of the above list of corporeal movables, including the Plaintiff’s provision of KRW 105,000,00.

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