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(영문) 서울동부지방법원 2015.04.03 2014가단41729
제3자이의의소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

Comprehensively taking account of the respective descriptions and arguments of Gap 1 and 3, the defendant filed a lawsuit against Suwon District Court 2004Gau4204 (Seoul District Court 2004Gau4204). On September 2, 2004, the judgment that "C shall pay to the plaintiff the amount of 4,415,95 won and 20% interest per annum from February 16, 2002 to the date of complete payment" (hereinafter "the judgment of this case"). The judgment of this case became final and conclusive around that time, and the defendant may recognize the fact that the plaintiff had attached the attached list of Songpa-gu Seoul High Court 22 Dong13035 (hereinafter "the apartment of this case").

The plaintiff's judgment as to the cause of the claim in this case is the cause of the claim in this case, and the plaintiff is C's husband and wife, and C is only residing together in the apartment in this case from August 2010 to care for the plaintiff's husband and woman, and since movable property recorded in the attached list in the apartment in this case is all owned by the plaintiff, the execution of seizure against movable property listed in the attached list owned by the plaintiff in the execution title against C should not be allowed.

Judgment

In a lawsuit of demurrer against a third party, the reason for objection by the third party shall be proved by the plaintiff as the fact that the right has occurred.

Therefore, it is deemed that movable property listed in the attached list is owned by the plaintiff.

In full view of the purport of Gap's entries and arguments, the plaintiff married with Eul on March 6, 2010, and the plaintiff's husband Eul, on June 26, 2010, leased the apartment of this case with the lease deposit of KRW 410 million on June 26, 2010, but according to Gap's entries, Eul completed the move-in report on August 27, 2010, and Eul completed the move-in report on the apartment of this case on August 13, 2014.

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