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(영문) 수원지방법원 안산지원 2018.05.04 2017가단9619
제3자이의
Text

1. The defendant's non-party C Incorporated Co., Ltd. is the Seoul Southern District Court case 2016Kadan25761.

Reasons

1. Determination on the cause of the claim

A. 1) The Plaintiff is a non-party C Incorporated Co., Ltd. (hereinafter “non-party C”) around February 22, 2015.

(C) the articles listed in the separate sheet (hereinafter “instant movable property”)

(2) The Defendant applied for a compulsory auction of the instant movable property on the basis of the executory exemplification of the judgment in Seoul Southern District Court 2016Da255761 case against the non-party company, and on May 4, 2017, the said movable was seized.

(hereinafter “Compulsory Execution of this case”). [Ground for recognition] The fact that there is no dispute, each entry in Gap evidence Nos. 1 through 4 (including additional numbers), and the purport of the whole pleadings.

B. Inasmuch as the instant compulsory execution was conducted on the instant movable, which is the Plaintiff-owned property, the instant compulsory execution should be deemed unlawful as having been conducted on the goods not owned by the debtor, and thus, should be dismissed.

The defendant asserts that the movable property of this case is owned by the non-party company, which is the debtor, and is not owned by the plaintiff, but there is no counter-proof to the above fact of recognition.

2. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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