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(영문) 수원지방법원 성남지원 2018.04.17 2017가단23218
제3자이의
Text

1. The Seoul Central District Court 2010 Ghana 134847 has the executory power over the Defendant B.

Reasons

1. Basic facts

A. The Plaintiff is a son of B, and the Plaintiff and B are registered as the son-si C, 101 Dong 906 (hereinafter “instant apartment”).

B. On November 22, 2017, the Defendant filed an application for compulsory execution of corporeal movables under this Court No. 2017No. 2758 with the executive title of the decision on performance recommendation under Paragraph (1) of the Disposition B, and the execution officer of this Court seized each of the objects listed in the separate sheet (hereinafter “instant corporeal movables”) on the instant apartment on November 22, 2017 (hereinafter “instant compulsory execution”).

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1, 2, and 4 (including each number), the purport of the whole pleadings

2. The plaintiff asserts that the execution of this case is unlawful since the corporeal movables in this case are not only the plaintiff's ownership but also the joint ownership or joint possession.

In full view of the facts of the above recognition, the evidence mentioned above, and the evidence mentioned above, and the purport of Gap evidence No. 3 (including the paper number), the plaintiff entered into a lease agreement with respect to the apartment of this case on October 2014 and resided in the above apartment from the time when the plaintiff entered into the lease agreement with respect to the apartment of this case, and Eul, as the father of the plaintiff, can be recognized as the fact that the plaintiff started to reside in the above apartment after making a move-in report on June 5, 201

According to the above facts, it is reasonable to view that the corporeal movables of this case are owned by the plaintiff or possessed by the plaintiff at least, so the compulsory execution of this case against the property owned by another person or possessed by another person shall be dismissed.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.

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