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(영문) 인천지방법원 2015.09.22 2015가단15206
제3자이의의 소
Text

1. The Defendant shall have the executory exemplification of the protocol of mediation in 2012 Kayang Branch of the Jinbu District Court for E.

Reasons

1. Basic facts

A. Based on the executory exemplification of the protocol of mediation, the Defendant filed an application for execution of the seizure of corporeal movables with the Incheon District Court 2015No2269, based on the executory exemplification of the protocol of mediation against the Jinyang District Court 2012Kadan47305, the Defendant attached each object listed in the attached attachment list, which was located at the Incheon Yeonsu-gu, Incheon District Court 13 March 13, 2015, E’s residence F, 107 Dong 1402.

B. E is residing together with the Plaintiff, B, C, etc. who is the wife of the Plaintiff, A, and C in the above residential area.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3, 5, the purport of the whole pleadings

2. The articles listed in the Attachment List No. 1 to 12 are owned by the plaintiffs, and the articles listed in the Attachment List No. 13 are used by the plaintiff A through Balfrend Co., Ltd., so the execution of seizure against the above articles is unfair.

3. Determination

A. Since there is no evidence to acknowledge that the above items are owned by the plaintiffs with respect to the items Nos. 1 through 12 as indicated in the attached attachment list, this part of the plaintiffs' assertion cannot be accepted.

B. As to the goods listed in the attached attachment list No. 13, the above goods are occupied and used in accordance with the sirens agreement concluded by the Plaintiff A with Blodren Co., Ltd., and the ownership of Blodren is no dispute between the parties. Thus, the above goods have the right of possession that the Plaintiff A can oppose the Defendant, the execution creditor.

It is reasonable to deny the attachment execution of this part.

4. Therefore, the plaintiff A's claim is accepted within the scope of the above recognition, and the remainder of the plaintiff A's claim and the plaintiff B and C's claim are dismissed. It is so decided as per Disposition.

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