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(영문) 서울서부지방법원 2020.01.21 2019가단231567
제3자이의
Text

1. The Defendant has the executory power over Nonparty C’s claim against the Seoul Southern District Court No. 2012Ga35266.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 6 as to the cause of the claim, the following facts are acknowledged: (a) the Plaintiff ordered each of the movables listed in the separate sheet from May 20, 2017 to November 4, 2018 (hereinafter “instant movables”); (b) the Defendant filed an application for compulsory execution on June 21, 2019 with the Seoul Southern District Court Decision 2012Ga35266 against Eul, who is the father of the Plaintiff, based on the executory exemplification of the judgment in the acquisition amount case No. 2012Ga35266, Jun. 21, 2019, and on July 5, 2019, the attachment of the instant movables was executed.

According to the above facts, since this case's movable property is recognized as property owned by the plaintiff, compulsory execution against this case's movable property by executive title against C shall be denied as it infringes upon the plaintiff's ownership.

2. On the judgment of the defendant's assertion, the defendant alleged that the movable property of this case is presumed to have been purchased as C's concealed property, but the above argument by the defendant is not sufficient to acknowledge only the items of evidence Nos. 1 through 4, and there is no other evidence to acknowledge it.

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

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