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(영문) 전주지방법원정읍지원 2016.11.17 2016가단2053
제3자이의
Text

1. The Defendant has the executory power over the loans extended to Nonparty C by the Seoul Eastern District Court 2014Kadan134102.

Reasons

1. Facts of recognition;

A. On June 7, 2016, the Defendant seized corporeal movables, including each movable property indicated in the separate sheet (hereinafter “instant movable property”) based on the original judgment of the Seoul Eastern District Court case No. 2014Kadan134102 against Nonparty C in the instant case of this Court (hereinafter “instant movable property”).

B. Meanwhile, in around 2015, the Defendant, based on the original copy of the judgment stated in the above paragraph (a), seized each movable set forth in paragraphs 1 through 8 of the attached list based on the original copy of the judgment stated in the foregoing paragraph (a) and conducted an auction procedure (hereinafter “previous auction procedure”). On September 22, 2015, the Plaintiff purchased each set of movable property listed in paragraphs 1 through 8 of the attached list from D, the highest price for the auction procedure, and on the same day, entered into a lease agreement under which the Plaintiff leased each of the said movable property to C.

(Defendant received partial dividends from the purchase price paid by D).

As of June 4, 2016, the Plaintiff prepared a sales contract with the content that the Plaintiff purchases each movable property listed in Section 10-13 of the list of attached articles from E, and the movable property listed in Section 9 of the list of attached articles is paid in the name of the Plaintiff on January 26, 2011.

The plaintiff is a son of C and frequently visits C's house.

[Grounds for recognition] Each entry of Gap's 1-7 (including branch numbers), the purport of the whole pleadings

2. The assertion and judgment

A. According to the above fact of recognition, each movable property listed in paragraphs 1 through 8 of the attached list was owned by C, but it is reasonable to deem that the Plaintiff acquired ownership by transfer of each of the above movable property through the method of possession amendment, at least by purchasing it from D, the highest price purchaser in the previous auction procedure, and entering into a lease agreement between C and C, around 2015.

B. In addition, each of the following circumstances, which are acknowledged in full view of the aforementioned facts and the purport of the entire argument, are the movables listed in the attached Form No. 9-13.

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