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(영문) 인천지방법원부천지원 2017.10.31 2017가단8120
제3자이의
Text

1. The Defendant’s payment order with executory power in the Seoul Western District Court 2012 tea and 63905 money which was taken over by the Defendant against B.

Reasons

1. In addition to the statements in Gap evidence Nos. 1 through 3, it is acknowledged that Eul was the plaintiff's put forward, and the defendant filed a claim against Eul for a transfer money under the Seoul Western District Court 2012 teab and 63905, and received such payment order from the above court on December 27, 2012, and the payment order became final and conclusive on January 15, 2013, and the defendant issued a payment order on June 9, 2017 upon the above payment order, and on June 9, 2017, issued a seizure execution (hereinafter "voluntary execution of each of the instant corporeal movables") on each of the corporeal movables listed in the separate sheet (hereinafter referred to as "each of the instant corporeal movables").

2. The plaintiff's assertion and judgment are that the corporeal movables of this case were purchased by the plaintiff and owned by the plaintiff, so the defendant's compulsory execution of this case is unjustifiable. Thus, the third party's lawsuit is a lawsuit seeking the exclusion of execution by asserting that a third party who has the right to prevent transfer or transfer of the corporeal movables of this case, such as ownership or claim for claims against the corporeal movables of this case, has an objection to the compulsory execution. If the third party becomes the plaintiff and then files a lawsuit of demurrer against the third party, the third party who becomes the plaintiff must claim that he has the right to prevent transfer or transfer of the corporeal movables of execution, such as ownership, etc., as a ground for objection, and it must be proved. Further, when considering the whole purport of arguments as stated in the evidence No. 4 and No. 8 of this case, the corporeal movables of this case were purchased by the plaintiff and paid the price to the plaintiff, so it is insufficient to recognize that the plaintiff acquired the remaining corporeal movables of this case's corporeal movables of this case.

Therefore, each of the instant corporeal movables is among the corporeal movables.

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