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(영문) 전주지방법원군산지원 2019.06.18 2018가단5718
제3자이의
Text

1. The Defendant’s notary public against Nonparty C is a notarial deed with the executory power of No. 383, 2017.

Reasons

1. Basic facts

A. Upon C’s request, the Plaintiff purchased each of the corporeal movables listed in attached Table 2 (hereinafter “instant corporeal movables”) on the F C’s residence on August 22, 2017, at the F C’s auction date for corporeal movables, in total, KRW 2.5 million.

B. Since then, upon C’s request, the Plaintiff had C’s mother who had resided in the above residence use the instant corporeal movables.

C. On September 12, 2018, the enforcement officer of this Court seized each of the corporeal movables listed in the attached Table 1, including each of the corporeal movables listed in the attached Table 3 (hereinafter “corporeal movables subject to attachment”) among the instant corporeal movables in the residence of C, on the basis of the authentic copy of a notarial deed with executory power of No. 383, 2017, issued by a notary public against C of the Defendant on September 12, 2018.

(hereinafter “Compulsory Execution of this case”). 【No dispute exists, entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. According to the above facts of recognition, the Plaintiff acquired the instant corporeal movables, including the instant seized movables, at the auction, and thus, the seized movables of this case are deemed to be owned by the Plaintiff.

Therefore, the compulsory execution of this case against the seized movables of this case shall be dismissed.

3. In conclusion, the Plaintiff’s claim is reasonable, and this Court decides to accept the application for the suspension of compulsory execution on October 4, 2018. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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