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(영문) 서울중앙지방법원 2015.02.13 2014가단130978
제3자이의
Text

1. The defendant's notary public against the non-party Han Sejong District Co., Ltd., in 2014.

Reasons

1. The fact that the Defendant did not dispute on June 10, 2014 that the notary public against the Non-Party Green Co., Ltd. (hereinafter referred to as the “Non-Party Co., Ltd.”) attached each movable property listed in the attachment list (hereinafter referred to as the “instant movable property”) on the basis of an executory exemplification of the notarial deed No. 278, 2014, signed by the law firm Song Jong-dong Office (Seoul Central District Court 2014No. 3259).

2. Determination as to the cause of the claim: (a) comprehensively taking account of the overall purport of the pleadings in evidence Nos. 1, 5, and 6, the compulsory auction procedure was already conducted on February 14, 2012 with Seoul Central District Court 2012No. 108 with respect to the instant goods owned by the non-party company; and (b) C awarded a bid for the instant goods at KRW 1.80,000 in the said compulsory auction procedure; and (c) on the same day, the Plaintiff again purchased the instant goods at KRW 2.3 million from C.

Therefore, since all of the instant articles were already owned by the Plaintiff, not the non-party company, from February 14, 2012, the Defendant’s compulsory execution on the instant articles based on the enforcement title against the non-party company is unlawful.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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