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(영문) 인천지방법원 2018.07.18 2018가단434
제3자이의
Text

1. On December 27, 2017, the Defendant rendered a judgment on the purchase price of goods in Seoul Eastern District Court 2017 Ghana20857.

Reasons

1. Facts of recognition;

A. The Defendant filed an application for the seizure of corporeal movables with the Incheon District Court 2017Da8702, based on the judgment of the Seoul Eastern District Court 2017Gaso20857 on the purchase price of goods against B. On December 27, 2017, the execution officer of the Incheon District Court seized corporeal movables (hereinafter “instant corporeal movables”) listed in the attached list in the Incheon Jung-gu C Apartment and 10 Dong 1309 (hereinafter “instant apartment”).

B. The Plaintiff is the starting machine in B.

The husband D of the Plaintiff completed the registration of ownership transfer on the apartment of this case on May 9, 1991, and thereafter owned it until now.

The Plaintiff had resided in the apartment of this case with D since before 2011 to the present date, and occupied and used the instant corporeal movables, which are household appliances.

C. B completed the move-in report on the instant apartment on October 1, 2014.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 6 (including branch numbers), and the purport of the whole pleadings

2. In full view of the types and items of the instant corporeal movables, the ownership and residential relationship of the instant apartment in which the instant corporeal movables are located, and the relationship between the Plaintiff and B, it is reasonable to deem that the instant corporeal movables constitute those owned by the Plaintiff, together with her husband D, while residing in the instant apartment.

Therefore, a compulsory execution against the instant corporeal movables based on the Defendant’s title of execution against B is denied.

3. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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