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(영문) 대전지방법원 2015.07.16 2014가단50378
제3자이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Nonparty C Co., Ltd (hereinafter “Nonindicted Co., Ltd.”) drafted a notarial deed stating that “The Defendant shall recognize that there is KRW seven million of the goods price liability, and pay it on the day following the Defendant’s written request” (No. 14152, 2013, hereinafter “notarial deed of this case”) against the Defendant (hereinafter “instant notarial deed”).

B. On October 28, 2014, the Defendant filed an application for compulsory execution under this Court’s 2014No.5012 with the title of execution, and the enforcement officer of this Court seized the articles listed in the attached attachment list (hereinafter “instant articles”) on October 28, 2014

(hereinafter “Compulsory Execution of this case”). 【No dispute exists, entry of Gap evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment, since the plaintiff lent KRW 24 million to the non-party company via E, which is the actual owner of the non-party company, and received the goods of this case from the non-party company as a transfer for security by occupying and amending them, the articles of this case are owned by the plaintiff. Thus, the plaintiff's assertion that the compulsory execution of this case based on the notarial deed of this case should not be denied. Thus, each of the items of No. 3-1 and No. 5-1 of the evidence No. 3-1, which correspond to the plaintiff's above assertion, is difficult to believe it as it is, and it is insufficient to recognize it only by the statement of No. 6-1 to No. 10, and there is no other evidence to

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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