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(영문) 의정부지방법원고양지원 2015.07.23 2015가단1225
제3자이의
Text

1. The defendant's Goyang-si District Court 2010Kayang-si court 2010 Goyang-si court 201 executory power against B.

Reasons

1. Basic facts

A. The defendant is a creditor based on the order of payment order No. 2010 tea 1961, the High Government District Court of Jyang-si, the High Government Branch of Jyang-si. B, and the plaintiff is a child of B.

B. On January 7, 2015, the Defendant, based on the original copy of the above executory payment order, performed compulsory execution against C, 101 Dong 605 (hereinafter “instant movable property”) and seized the said movable property.

(hereinafter “instant compulsory execution”) C.

The apartment house at the above domicile is an apartment that the Plaintiff leased from D on November 3, 2014 and resides in as the householder on November 25, 2014, and is the domicile of B at the time of execution of the attachment of this case.

[Reasons for Recognition] Evidence Nos. 1 through 4-2, Evidence No. 7, and the purport of the whole pleadings

2. The assertion and judgment

A. The instant movable property asserted by the Plaintiff is a movable property owned by the Plaintiff, which is owned by the Plaintiff, who is the Plaintiff’s father and the Plaintiff’s leader, and the B merely moves the registered domicile to the Plaintiff’s domicile by fulfilling the conditions for purchasing a leased apartment. Therefore, the Defendant’s compulsory execution against the instant movable property shall be dismissed.

B. The Plaintiff bears the burden of proving that the grounds for objection in the lawsuit of demurrer against a third party, i.e., the attached list, owned by the Plaintiff.

As to the instant case, comprehensively taking account of the purport of the entire arguments in the statement or image of evidence Nos. 5 through 10-3, and witness E’s testimony, the instant movable property is a household or home appliances prepared by the Plaintiff and the Plaintiff together with the Plaintiff and the E after the Plaintiff’s her her her her her her her her her divorce, the Plaintiff’s her her her her her her her her her her her her her her her her her her her her her her

Therefore, the High Government District Court 2010J 1961, which has the executive force of the defendant's Goyang-si Court 201.

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