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(영문) 수원지방법원평택지원 2015.11.24 2015가단10207
제3자이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The plaintiff asserts that the air conditioner, a movable in the attached list, (hereinafter referred to as the "air conditioner of this case") is owned by the plaintiff who was in custody of B's residence for the purpose of bringing about marriage upon purchase by the plaintiff and marriage, and the execution based on the defendant's original copy of the payment order of this case against B shall not be permitted.

In full view of the purport of the pleadings as a whole, evidence Nos. 1 and 2 submitted by the Plaintiff is insufficient to recognize that the air conditioner in the instant case was owned by the Plaintiff, and there is no other evidence to prove otherwise. In full view of the circumstances such as the fact that the air conditioner was purchased with a credit card under the Plaintiff’s name, but the time of purchasing the air conditioner was immediately installed and operated in the B’s residence on July 13, 2015 and immediately after the purchase, the Plaintiff did not reside together in the B’s residence, and the Plaintiff and B did not reside together in both sidess, and the Plaintiff and B were married to their children.

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.

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