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(영문) 의정부지방법원 2017.11.30 2017가단4652
제3자이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant applied to the District Court for the provisional measure of prohibiting the transfer of possession of the non-party company to the non-party company as debtor, with the non-party company’s claim subject to ownership as the preserved right to the non-party company, to the non-party company’s 60 tons of original yarns (kpets), 530 tons of original set (kpets), 300y, 1 set of main set of order, 1 set of foundation, 1 set of rolling machine, 1 set of rolling machine, 1 set of rolling machine, 5 set of rolling machine, 30 rolls of base board, 30 roll of non-phones, 30 roll of secondary line, 2 set of foundation board, 13 books, 4 chairss, 4 books, 8-use machine.

(D) On October 21, 2016, the above court issued a ruling on October 21, 2016 that “A debtor shall, on possession of the items listed in the separate sheet, set the possession of the items indicated in the separate sheet and deliver it to the enforcement officer delegated by the creditor. An enforcement officer must permit the debtor to use the said items on the condition that the creditor does not change the present situation. The debtor shall not transfer the possession to another person or change the name of possession. An enforcement officer shall not disclose the purport of the said order in an appropriate manner.” (hereinafter “instant provisional disposition”).

B. On October 26, 2016, enforcement officers belonging to the Jung-gu District Court executed the instant provisional disposition in accordance with the instant provisional disposition against “Yeong-si D,” which falls under the address of the non-party company on the instant provisional disposition order on October 26, 2016, in accordance with the Defendant’s application, with respect to “Yeong-si, 60 tons of originals, 530 tons of originals, 140,00y of originals (son) and 140,00y of originals (son) and one set of this order, one set of the Foundation, one rolling machine, five rolling machine, five rolling machine, five rolling machine, five rolling machine, 15 rolls of cellphones, 2 fish-mixed, 13 foundations, four books, four reporters, and 4 For-Purpose Purpose 4” (hereinafter “instant execution objects”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 11 and 12, the purport of the whole pleadings

2. The representative E of the non-party company's assertion is owned by the non-party company itself or the non-party company, who received a request for processing from the plaintiff at the office located in both countries D.

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