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(영문) 수원지방법원안산지원 2015.04.09 2014가단39299
제3자이의
Text

1. The Defendant has an executory power to make a decision on performance recommendation against Nonparty B, the Suwon District Court of the Republic of Korea, 2014 Ghana37044.

Reasons

1. Facts of recognition;

A. On August 17, 2012, the Plaintiff entered into a facility lease agreement with Nonparty B to pay monthly rent for the items listed in No. 2 in the attached attachment list with Nonparty B for a period of 48 months.

B. On October 20, 2014, the Defendant seized the articles listed in the attached attachment list on October 20, 2014, based on the executory exemplification of the decision of performance recommendation rendered by the Suwon District Court for the above B.

[Ground of recognition] The items of evidence Nos. 1-1, 2, and 2-4, and the purport of the whole pleadings

2. Comprehensively taking account of the above facts acknowledged, it is reasonable to view that the owner of the goods listed in No. 2 in the attached attachment list attached by the defendant is the plaintiff and that the above B is merely a mere occupant as the lessee.

Therefore, based on the executory exemplification of the decision of performance recommendation rendered by the Suwon District Court for the above B on October 20, 2014, compulsory execution against the goods indicated in No. 2 in the attached attachment list was conducted against the goods of a third party, not the debtor, and thus, it should be dismissed.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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