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(영문) 인천지방법원 부천지원 2018.08.13 2018가단105714
제3자이의
Text

1. Defendant Lee Won Steel Co., Ltd.: the Incheon District Court Branch of the Incheon District Court, 2017 tea 1222.

Reasons

1. Facts of recognition;

A. The Plaintiff had a sales claim of KRW 255,769,332 for B around 2017.

On or around March 8, 2018, the Plaintiff received from B as a substitute payment for the foregoing debt a transfer of objects (the appraised value of KRW 150,000,000, and hereinafter “the instant corporeal movables, etc.”) including corporeal movables listed in the separate sheet owned by B (hereinafter “instant corporeal movables”).

The Plaintiff received the instant corporeal movables, etc. by means of the alteration of possession, and caused B to occupy and use them for business purposes.

B. Defendant A Steel Co., Ltd. (hereinafter “Defendant A Steel”) had a claim against B based on the payment order (hereinafter “instant payment order”) No. 2017 tea 1222 from the Incheon District Court Decision 2017Hu1222 (hereinafter “instant payment order”), and Defendant AB Co., Ltd. (hereinafter “Defendant A”) had a claim against B against B based on the payment order (hereinafter “instant payment order”).

Around March 22, 2018, Defendant A Steel followed the seizure procedure on the instant corporeal movables with the instant order for the payment of the first payment of the instant corporeal movables as its executive title, and Defendant B’s sexual paints was the executive title around March 28, 2018, taking the seizure procedure on the instant corporeal movables with the instant order for the payment of the second payment of the said movables as its executive title.

[Ground for Recognition: Facts without dispute, entries in Gap 1 through 10 evidence (including paper numbers), the purport of the whole pleadings]

2. According to the facts of recognition as to the granting of compulsory execution, the instant corporeal movables are deemed to have been transferred from the Plaintiff to the Plaintiff on March 8, 2018 by payment in substitutes B, and acquired their ownership by being transferred by the method of possession amendment. Accordingly, each compulsory execution against the instant corporeal movables, with the Defendants’ title of the payment order against B, shall be deemed to be subject to the objects owned by the Plaintiff, not B.

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