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(영문) 창원지방법원 마산지원 2018.06.21 2018가단612
제3자이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On September 19, 2017, the Defendant: (a) based on the executory copy of the protocol of mediation with the Changwon District Court Decision 2016 money10303, the Defendant seized each of the corporeal movables listed in the separate sheet; (b) on September 19, 2017.

(Seoul District Court Msan Branch 2017No. 970). 【Ground for Recognition】 The fact that there is no dispute, each entry in Gap evidence No. 1, and the purport of the whole pleadings.

2. 1) A lawsuit of demurrer by a third party is a lawsuit seeking the exclusion of enforcement by raising an objection to a compulsory execution that infringes a third party’s ownership or right to restrain transfer or transfer of an object of enforcement. The ground for objection in a lawsuit of demurrer by a third party, namely, the reason for objection, that is, the corporeal movables subject to seizure, are owned by the Plaintiff. 2) The Plaintiff asserts that each movable listed in the separate sheet is owned by the Plaintiff, but there is no evidence to acknowledge it. Thus, the Plaintiff’s assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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