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(영문) 인천지방법원 2020.06.10 2019가단20688
제3자이의
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. G (name H before the opening of the name) died on July 27, 2017 with the Plaintiff A, his/her children, the spouse of the Plaintiff B, and C as the inheritor.

B. Defendant D applied for the seizure of corporeal movables to the Incheon District Court I on the basis of the executory decision of performance recommendation for the case No. 2017 Ghana70898 against F, and on November 14, 2017, the execution of seizure of each of the movables listed in the separate sheet located in the Nam-gu Incheon Metropolitan City J (hereinafter “each of the instant facilities”) was conducted (hereinafter “execution of the instant seizure”).

C. Defendant E filed an application for the seizure of corporeal movables with K of Incheon District Court based on the executory payment order in the Seoul Eastern District Court case No. 2017 tea6210 against F, and on January 17, 2018, the additional seizure execution of each of the instant facilities (hereinafter “instant additional seizure execution”).

[Ground for recognition] Facts without dispute, Gap evidence No. 3 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The Plaintiffs’ assertion G is the owner of each of the instant facilities, and operated the painting plant. Since then, each of the above facilities was transferred to G via G via G and M Co., Ltd., and the Plaintiff Company M.

Since then, G leased the seal plant and each of the instant facilities to N corporation, and finally leased it to F through the lessee change several times.

Therefore, each compulsory execution against each of the instant facilities, based on the Defendants’ F’ F’s executive title, is a compulsory execution against the Plaintiffs’ goods owned by G, which are the inheritor of G, and thus, ought to be dismissed.

3. The following circumstances, which can be seen by comprehensively taking account of whether the respective facilities of this case were owned by G or are owned by the Plaintiffs, and the purport of the entire facts and arguments, are significant after the seizure and additional seizure of this case, and before the filing of the instant lawsuit.

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