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(영문) 전주지방법원 2014.12.10 2014가단23487
제3자이의
Text

1. An executory exemplification of the judgment rendered by the Defendant on January 21, 2014, with the Jeonju District Court Decision 2013Da35728 Decided January 21, 2014.

Reasons

1. Determination as to the claim

A. According to the evidence No. 4, it is recognized that the Defendant seized each of the movables listed in the separate sheet as the Jeonju District Court No. 2014No. 1211 on June 25, 2014, based on the executory exemplification of the judgment rendered by the Jeonju District Court No. 2013Da35728 on January 21, 2014 (hereinafter “the original copy of the judgment of this case”).

B. The Plaintiff asserted that each movable property listed in the separate sheet is owned by the Plaintiff, and the Defendant, based on the original copy of the instant judgment, sought the denial of compulsory execution against each movable property listed in the separate sheet on June 25, 2014.

The movables listed in [Attachment 5, 10, 11] list 5, 10, and 11 are also recognized by the defendant.

However, it is not sufficient to recognize that the remaining movables except for the movables listed in the separate sheet Nos. 1-3-3 alone are owned by the plaintiff, and there is no other evidence to acknowledge it otherwise.

Therefore, the plaintiff's claim is justified only for the movable properties listed in the [Attachment 5, 10, 11] list, and the remaining claims are without merit.

2. In conclusion, the claim of this case is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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