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(영문) 대구지방법원 2015.04.14 2014가단24850
제3자이의
Text

1. The defendant's notary public against C and D is a notarial deed No. 982, No. 2012, which provides that the defendant's notary public against C and D is a law firm general law office.

Reasons

1. Basic facts

A. Based on the executory exemplification of a notarial deed No. 982, No. 2012, No. 2012, No. 982, No. 2010 (hereinafter “instant notarial deed”), the Defendant’s notary public against C and D conducted the auction procedure for corporeal movables under the Daegu District Court No. 2012, Oct. 25, 2012, as to the articles indicated in the notarial deed No. 201, No. 2012, No. 201, the Daegu District Court held that the said articles were sold to F in total amount of KRW 2,360,00, and the Defendant received KRW 2,081,860 from the above proceeds.

(A) No. 3-1). (b)

On November 2, 2012, the Plaintiff purchased from F all the goods listed in the attached auction list No. 2 from F in KRW 3,000,000.

(A) No. 3-2). (c)

Based on the instant notarial deed, on May 15, 2014, the Defendant again executed a seizure of corporeal movables under the Daegu District Court No. 2014No1817 on the articles listed in the attachment list No. 1 attached hereto. 2014

(A) Evidence Nos. 1-1, 2) / [Grounds for recognition] 1, 3 (including each number), and the purport of the whole pleadings.

2. Determination on the cause of the claim

A. Among the items listed in the attached list Nos. 1, 2, 4, 6, and 10 among the items claimed by the Plaintiff in the attached list Nos. 1, 2, 4, 6, and 10 are the items that the Plaintiff purchased from F and possessed in a locking manner to C and D, compulsory execution against them must be denied.

B. Determination: (a) on October 25, 2012, F purchased the goods listed in the attached auction list No. 2 at the auction procedure requested by the Defendant; and (b) the Plaintiff purchased the goods from F on November 2, 201 of the same year in the amount of KRW 3,000,000; and (c) “each goods listed in the attached Table No. 1, 2, 4, 6, and 10 in the attached Table No. 1 attached hereto” and “each goods listed in the attached Table No. 1, 2, 4, 6, and 10 in the attached Table No. 1 attached hereto” are almost similar to the same goods’ name, size, and quantity, and the appraised value at the same time to the extent that the appraised value at the same time is deemed to fall

Therefore, among the attachment list of attached Form 1.

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