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(영문) 의정부지방법원고양지원 2020.04.08 2019가단14946
제3자이의
Text

1. The Defendant has executory power over the judgment of 2012 Ghana 531262 Decided April 16, 2013, which was rendered by the District Court of the Republic of Korea with respect to C.

Reasons

1. Determination as to the cause of claim

A. 1) On November 4, 2019, the Defendant: (a) corporeal movables listed in the attached attachment list (hereinafter “corporeal movables in this case”) based on the executory exemplification of the judgment rendered by the Goyang Branch of the District Court of the Republic of Korea against C on November 4, 2019; and (b) pursuant to the executory exemplification of the judgment rendered by

2) Meanwhile, the Plaintiff purchased the instant corporeal movables from May 2, 2019 to October 29, 2019 and had it used free of charge to C, which was a bridge.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings

B. According to the facts of the judgment above, since the corporeal movables of this case are owned by the plaintiff, a compulsory execution against the corporeal movables of this case was conducted against the objects not owned by C, the execution debtor.

The Plaintiff, as the owner of the instant corporeal movables, has the right to seek a exclusion of compulsory execution against the Defendant for the instant corporeal movables.

2. The plaintiff's claim of this case is justified, and the costs of lawsuit are assessed against each party in consideration of the circumstances of the case, etc. It is so decided as per Disposition.

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