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(영문) 수원지방법원 성남지원 2018.11.09 2018가단9530
제3자이의
Text

1. The Defendant’s executory payment orders in the Suwon District Court Branch 2018Hu2912 against D are authentic.

Reasons

Basic Facts

On May 24, 2018, on the basis of the executory payment order of Suwon District Court 2018J 2912, the Defendant conducted a seizure execution for the E-building in Gwangju-si and the corporeal movables listed in the attached list No. 202 of the non-dong 202, which is the residence of the Plaintiffs.

[Grounds for recognition] In light of the facts without dispute, Gap evidence Nos. 1 and the purport of the entire pleadings as to Gap evidence Nos. 2 and 3, the plaintiff Eul was awarded a successful bid for corporeal movables Nos. 1, 2, 5, 6, 7, 9, 10 among the corporeal movables listed in the separate sheet at the compulsory auction procedure for the corporeal movables No. 2014, Oct. 2, 2014; the plaintiff Gap was awarded a successful bid for corporeal movables No. 4, 8, 11 among the corporeal movables listed in the separate sheet No. 2013, Jul. 6, 2017; and it is recognized that the defendant was awarded a successful bid for corporeal movables No. 4, 8, 11 among the corporeal movables listed in the separate sheet at the compulsory auction procedure for the corporeal movables listed in the separate sheet No. 2010, May 24, 2018.

In regard to this, the defendant asserts to the effect that it is improper to deny compulsory execution against the above corporeal movables on the ground that the plaintiffs, who are the spouse and children of D, acquire ownership, even though they were monetary claims against D, but it cannot be deemed that the defendant has a duty to pay one of the family's obligations on the ground that they are family members. The defendant's above assertion is against the principle of personal responsibility, which is the large principle of the Civil Code.

In conclusion, the plaintiffs' claims of this case are accepted with merit.

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