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(영문) 광주지방법원 2020.07.08 2020가단2743
제3자이의
Text

1. It is based on the original copy of a notarial deed with executory power No. 562, No. 562, written in 2019 against the defendant's D.

Reasons

Basic Facts

Between D and D on December 27, 2019, the Defendant drafted a notarial deed stating that “D borrowed KRW 30,000,000 from the Defendant on September 10, 2018 as the due date for payment was determined and borrowed on January 10, 2020” (hereinafter “instant notarial deed”).

On January 29, 2020, the Defendant seized each of the movables listed in the separate sheet in the Gwangju District Court F as executive title (hereinafter “each of the movables of this case”) with the authentic copy of the notarial deed of this case with executory power.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1-2, and Eul evidence Nos. 1-1, 2, and 1-1, and the purport of the whole argument of this court, the plaintiff asserted that each movable property listed in the separate sheet should be owned by the plaintiff and shall not be subject to compulsory execution. The defendant asserts that since the ownership of each movable of this case in this case is owned by the plaintiff, the plaintiff cannot accept the plaintiff's claim.

Judgment

In full view of the purport of the arguments in Gap evidence 2-1, 2, 3 through 7, and Eul evidence 2, the plaintiff entered into a contract for the transfer of the right to take over 15,00,000 won of all of the equipment including the equipment in the car page operated by D in the first floor of the HH convalescent hospital located in Gwangju (hereinafter "the store in this case") on January 22, 2020 before the execution of the defendant's seizure of each of the movables in this case. The plaintiff paid 8,00,000,000 won out of the transfer price on the same day to D, the plaintiff paid 2,00,000 won out of the transfer price to D, 200,000 won out of the lease price, 20,000 won out of the transfer price to D, 20,000 won out of the lease price of this case between 1,200,000 won and 2,000,000 won.

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