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1. Defendant A has the executory power to execute a notarial deed No. 2013No. 1604 of the D law office against the Red Medical Foundation.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company established for the purpose of facility leasing business.
B. On July 31, 2013, the Plaintiff entered into a facility lease agreement with F, which provides that the lease period for the Plaintiff’s items indicated in the [Attachment List (hereinafter “the instant leased items”) shall be 36 months for the items indicated in the leased items (hereinafter “the instant leased items”), and agreed that the Plaintiff shall have the ownership of the instant leased items during the lease period.
B. F moved the leased object of this case to 125-11 of the Kim Jong-si, where the Red Medical Foundation (hereinafter “the Foundation of this case”) is located.
C. On August 14, 2014, the Foundation of this case was the debtor; Defendant A attached the leased object of this case to the Jeonju District Court 2014No. 1604, based on the notarial deed No. 2013No. 1604, Defendant B, based on the notarial deed No. 2013No. 10666, the Jeonju District Court 2014 No. 1560, Defendant C, based on the notarial deed No. 2013No. 1555 (hereinafter referred to as “each notarial deed”), the Jeonju District Court 2014No. 1567.
[Reasons for Recognition] Defendant A: A without dispute, each entry and video of Party A1 through Party A (including branch numbers if a branch number is available) and the overall purport of the pleading, Defendant B, C: deemed confession
2. According to the above facts of determination as to the cause of the claim, since the owner of the leased article of this case is the plaintiff, the execution of seizure of the leased article of this case by the Defendants based on the notarial deed on the premise that the leased article of this case is owned by the Foundation of this case is illegal.
3. In conclusion, the plaintiff's third party's objection seeking the exclusion of compulsory execution against each of the lease articles of this case based on the authentic copy of each of the notarial deeds of this case shall be cited for the reasons, and it is so decided as per Disposition.