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(영문) 대전지방법원논산지원 2019.01.17 2018가단21329
제3자이의
Text

1. The Defendant’s executory exemplification of the Daejeon District Court Branch Decision 2016Gadan2070 rendered against C is an executory exemplification of the judgment.

Reasons

Facts of recognition

The Plaintiff of the instant mechanical acceptance agreement concluded on November 28, 2014 in the name of G, which is the wife of D, but the fact that the actual contractual party is D does not dispute between the parties.

From now, each movable property listed in the separate sheet (hereinafter referred to as “each of the instant machines”) entered in the separate sheet (hereinafter referred to as “each of the instant machines”), among the melting machine first, the type one of the presses, two of the presses, and all of the other tools (hereinafter referred to as “each of the instant machines, etc.”) entered into an agreement to acquire KRW 190 million in total for 190 million.

(hereinafter “this case’s mechanical takeover agreement”). A corporation subject to compulsory execution against each of the instant machines (hereinafter “C”) was established on May 29, 2015, and the Plaintiff was appointed as a internal director on April 1, 2017.

On May 29, 2018, on the basis of the executory exemplification of the judgment of Daejeon District Court 2016da20070, the Defendant enforced compulsory execution against the machinery of this case on May 29, 2018.

C is producing and selling money using each of the instant machinery, and the place where the said compulsory execution was carried out is the F&M factory located in Chungcheongnam-gun, Chungcheongnam-gun, the place of business of C.

【Ground of recognition】 The plaintiff asserts that each of the machinery of this case of this case of this case of this case is owned by the plaintiff, since there is no dispute, Gap Nos. 1, 2, 3, 5, 8, and Eul Nos. 4 (including each serial number in case of additional serial number), and the ground of claim as a whole.

A lawsuit of demurrer by a third party is seeking the exclusion by asserting the ownership and other rights to prevent the transfer or delivery of the object of execution already commenced.

The burden of proof on the grounds of the objection, that is, the burden of proof on whether the plaintiff has the right to ownership on the subject matter, is the plaintiff who asserts it.

Written evidence Nos. 2, 5, 7, 9, and No. 2, 3, and 4 are written.

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