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(영문) 울산지방법원 2016.11.15 2016가단56181
제3자이의
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. Cases in which this Court applies for a stay of enforcement.

Reasons

1. The Defendant: (a) on February 6, 2015, based on the executory exemplification of the Supreme Court Decision 2013Da57312 Decided February 6, 2015 (hereinafter “instant judgment”), attached each of the goods listed in the separate sheet (hereinafter “instant goods”) in Ulsan-gu C (hereinafter “C”) on April 28, 2016 at the execution site of the instant case.

[Reasons for Recognition] Class B 1-5 and 9-3, each entry, the purport of the whole pleadings

2. The plaintiff (appointed)'s assertion

A. The Plaintiff (Appointed Party; hereinafter “Plaintiff”) is an individual entrepreneur who leases construction machinery, transports aggregate, and sells aggregate under the trade name of “D”, and the Selection E is an individual entrepreneur who engages in construction machinery rental business under the trade name of “F”, and ③ The Selection G is an individual entrepreneur who engages in gas supply business under the trade name of “H”.

B. The Defendant seized the instant judgment against B as its executive title, but the instant goods are owned by the Plaintiff and the designated parties (hereinafter collectively referred to as the “Plaintiffs”).

1) On the equipment terminal (JJ 2,586m2, Ulsan-gu, Ulsan-gu) that I leased and provided to the plaintiffs, the plaintiffs laid down the instant objects. 2) The Ccorporeal movables attachment report is indicated as the attachment of the instant objects, but the actual site container is not 6 dongs but 5 dongs.

Of the instant articles, the number of 3 excavated machine breaer 9 is as follows: (1) the following: (2) the lower part of the instant articles are collectively referred to, and (3) the specific ownership relationship by each individual is as follows.

① Articles owned by the Plaintiff: 7 Baz., 2 Baz., 5 Doz., 5 Doz., 2 Doz., sand 1,500 cubic meters (attached Form No. 2)

Therefore, a compulsory execution against the instant goods owned by the Defendant is unlawful, and its execution is carried out.

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