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(영문) 전주지방법원남원지원 2015.07.01 2015가단527
제3자이의
Text

1. The Defendant rendered a judgment with executive force in the Jeonju District Court of the Republic of Korea, the Southern District Court of the Republic of Korea, 201Gau629.

Reasons

1. Basic facts

A. The Plaintiff is C and D’s children.

B. On January 28, 2015, the Defendant seized each of the movables listed in the separate sheet (hereinafter “the instant movables”) at the office of C and D located in the former Northern Group E, based on the original copy of each judgment described in paragraph (1) of the Disposition.

(hereinafter “Compulsory Execution of this case”). 【No ground for recognition”, “No ground for recognition”, “No evidence No. 1”, and the purport of the entire pleadings.

2. The key issue of this case is whether the movable property of this case is owned by the Plaintiff.

In light of the following circumstances: (a) in early 2014, the Defendant: (b) was subject to compulsory execution against the instant movable property, which was owned by C and D at the time of the early 2014 Seoul District Court Decision 2014No. 7 and 2014No. 8; and (c) in the course of compulsory execution, there exists a certificate of sale of corporeal movable property to the Plaintiff that F sold the instant movable property at KRW 1,400,000; (c) there is no evidence to deem that the said certificate of sale was forged; and (d) the Plaintiff was at the time of the said compulsory execution procedure, there was no need to purchase the instant movable property to ensure that the parent may continue to use the said movable property.

Therefore, compulsory execution of this case on the instant movable owned by the Plaintiff, not owned by C and D, should be denied.

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

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