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(영문) 대구지방법원 2019.07.19 2019가단3247
제3자이의
Text

1. The Defendant’s executive force against Nonparty C of the Daegu District Court Decision 2015 Ghana2978 Decided July 21, 2016.

Reasons

1. Basic facts

A. On January 24, 2019, the Defendant seized each movable property indicated in the separate sheet in the Plaintiff (Appointed Party) and C’s residence (hereinafter “each of the instant movable property”) and the drum laundry in accordance with the Daegu District Court Decision 2015Gau2978, which held an executory power against Nonparty C (hereinafter “instant compulsory execution”).

B. The plaintiff (appointed party) and the appointed party D are C's children.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4 and 11, the purport of the whole pleadings

2. In full view of each of the facts admitted under paragraph (1) above, evidence, and evidence Nos. 6-10 and the purport of the entire pleadings, it is recognized that the Plaintiff (Appointed Party) and the appointed party D purchased each of the movables of this case. Thus, each of the aforementioned movables appears to be owned by the Plaintiff (Appointed Party) and the appointed party D.

Therefore, the compulsory execution of this case against each of the movables in this case is not permitted as it infringes upon the ownership of the plaintiff (Appointed Party) and the Appointed D.

3. Conclusion (Appointed) and the Appointed D’s claim of this case are accepted on the grounds of its reasoning.

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