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(영문) 인천지방법원부천지원 2015.08.20 2015가단3183
제3자이의
Text

1. On the basis of the original judgment with executory power of No. 63491 rendered by the Defendant against Nonparty B and C, Gwangju District Court Decision 2009Gadan63491, May 2014.

Reasons

1. Basic facts

A. On December 10, 2014, the Defendant seized, based on the authentic copy of the executory judgment of the 2009da63491 by the Gwangju District Court 2009Da63491 (hereinafter “instant apartment”) with respect to Nonparty C and B, the movable property indicated in the attached list (hereinafter “instant movable property”) located in Kimpo City D, 301 Dong 1501 (hereinafter “instant apartment”).

B. The loan of this case is a resident of C and B, and the plaintiff is a child of C and B.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 8 through 11, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that since the plaintiff purchased the movable property of this case and stored it in the apartment of this case, the movable property of this case is owned by the plaintiff.

In light of the whole purport of the arguments in the statement of evidence Nos. 1 through 7, it can be acknowledged that the plaintiff purchased the movable property of this case and delivered it to the apartment of this case. According to the above facts, it is reasonable to see that the movable property of this case is the property owned by the plaintiff purchased at his own expense.

Therefore, under the premise that the instant movable is owned by B and C, compulsory execution against the instant movable is unlawful, and thus, it is dismissed.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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