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1. The defendant is based on the executory exemplification of the payment order (Seoul Western District Court 2015 tea 7909) against B.
Reasons
1. Basic facts
A. Based on the executory exemplification of the payment order of Seoul Western District Court Decision 2015Hu7909, the Defendant applied for a compulsory auction of corporeal movables for corporeal movables located in the Plaintiff’s domicile, including the items, etc. indicated in the separate sheet as indicated in the separate sheet No. 2016No. 41 of this Court, and executed the seizure of this Court on January 28, 2016.
B. In addition, the Plaintiff filed the instant lawsuit as well as sought suspension of compulsory execution based on the executory exemplification of the payment order (Seoul Western District Court Decision 2016Kadan11, Seoul Western District Court Decision 2015Hu7909), and was decided on February 23, 2016 to suspend the said compulsory execution until the pronouncement of the instant judgment.
[Grounds for recognition] The descriptions of evidence Nos. 1 and 13, and the purport of the whole pleadings
2. Comprehensively taking account of the overall purport of the pleadings as to Gap evidence Nos. 2 through 9 and 12, it is reasonable to recognize that the plaintiff purchased the Kimchi cooling on Nov. 13, 2006, and registered with LG Electronic Co., Ltd. on May 1, 2014; the washing machine listed in paragraph (2) of the attached Table; the purchase by the credit card in the name of the plaintiff on May 1, 2014; the fact that the fish container listed in paragraph (1) of the attached Table Nos. 1 was purchased by using the credit card in the name of the plaintiff’s father on May 31, 2015; the fact that Eul was owned by Eul, the location of the items listed in the attached Table No. 302, E, which is located in D, as the location of the items indicated in the attached Table No. 302, Nov. 24, 2009; the fact that Eul completed the marriage report with F, his father’s dependent on October 26, 2015.
Therefore, it is reasonable to view that the Plaintiff, the owner of the goods listed in the attached list, can oppose the Defendant, thereby, may file a lawsuit of demurrer against the Defendant against the third party in order to seek the exclusion of the above compulsory execution. Therefore, the Defendant’s Seoul Western District Court Decision 2015 tea7909 against B.