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(영문) 인천지방법원부천지원 2016.09.23 2016가합423
제3자이의의소
Text

1. The Defendant’s law firm Davia Co., Ltd., Ltd., in 2012, enforced No. 1258 of the 2012.

Reasons

1. Indication of claim;

A. On October 23, 2014, the Plaintiff loaned money to the East Capital Co., Ltd. (hereinafter “Nonindicted Company”) and entered into a transfer contract with the purport of acquiring ownership of each of the corporeal movables listed in the separate sheet owned by the Nonparty Company (hereinafter “instant corporeal movables”) in order to secure loan claims. At that time, the Plaintiff received the instant corporeal movables from the Nonparty Company by means of occupancy revision.

B. On February 22, 2016, the Defendant seized the instant corporeal movables under Busan District Court Branch 2016No465 on the basis of an executory exemplification of a notarial deed under the text of paragraph (1) of this Article.

C. The Plaintiff is the owner of the instant corporeal movables in relation to the Defendant, and thus, the Defendant’s compulsory execution is not a debtor, but a non-party company’s property, and thus, should be dismissed.

2. Judgment made by the confession of applicable provisions of Acts (Articles 208 (3) 2 and 150 (1) and (3) of the Civil Procedure Act);

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