logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원부천지원 2016.06.01 2016가단2989
제3자이의의소
Text

1. On February 24, 2006, based on the original copy of the payment order issued by the Defendant on February 24, 2006, on the basis of Seoul Central District Court Decision 2006Da4073, Feb. 2, 2016.

Reasons

1. Facts of recognition;

A. On February 4, 2016, based on the enforcement title stated in C’s order, the Defendant completed the execution of seizure of each of the items listed in the separate sheet (Ycheon District Court Branch 2016No131) on the basis of the enforcement title stated in C’s order.

B. The Plaintiff (designated parties, hereinafter “Plaintiffs”) purchased articles Nos. 18, as stated in the [Attachment List], and stored them in the seizure place (Seoul Metropolitan City D apartment).

The Appointor E is the wife and C of Plaintiff A, and the sequences listed in the separate sheet

1. On June 8, 190, the purchase of the article on December 14, 190 and kept it at the seizure site.

On August 2006, G creditors who are the husband of C purchase the goods sold to third parties from the compulsory execution procedure (Seoul Central District Court Decision 2006No5698) by G creditors who are the husband of C.

선정자 F는 C의 며느리이자 원고 A의 제수(弟嫂)로서, 별지 목록 기재 순번

2. On July 15, 200, the article was purchased on November 15, 200 and stored at the seizure site.

C. C is residing together with G as her husband at a seizure place.

[Ground of recognition] Facts without dispute, Gap 1-4 evidence (including provisional number), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the articles purchased by the plaintiff and the remaining designated parties (hereinafter referred to as "the plaintiffs") and kept at the seizure site (the articles No. 1.2.3.6.7.8.9.10.14.15.18, Nov. 1, 1991; hereinafter referred to as "the articles of this case") shall be deemed not to be the debtor C but to be owned by the plaintiffs.

In other words, in light of the relationship between the plaintiffs and C, and the place of keeping each of the above items, even if the plaintiffs acquired the goods of this case with their own funds, it cannot be said that there is no room for the plaintiffs to donate them to C and use them. However, even among family members, the ownership of the goods should be legally attributed to the individual members, and considering the circumstances such as the source of funds for acquisition, the owners of the goods of this case shall be deemed the plaintiffs.

(b).

arrow