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(영문) 수원지방법원 안산지원 2018.01.24 2017가단53289
제3자이의
Text

1. The Defendant’s payment order against Nonparty C was issued on July 10, 2015 by the Incheon District Court Branch of the Incheon District Court of Justice Kimpo-si, Kimpo-si, the 2015 tea 1064.

Reasons

1. Basic facts

A. On July 10, 2015, the Defendant filed a request for payment order against Nonparty C (hereinafter “Nonindicted Party”) with the Incheon District Court Branch Branch of the Incheon District Court and the 2015 tea1064, Kimpo-si, and the payment order was issued in the above court on July 10, 2015, and became final and conclusive on July 28, 2015.

B. On January 16, 2017, based on the executory exemplification of the above payment order, the Defendant executed a seizure of corporeal movables (hereinafter “instant compulsory execution”) with respect to the articles listed in the separate sheet (hereinafter “each of the instant articles”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Comprehensively taking account of the overall purport of the pleadings and arguments as to the cause of the claim, the Plaintiffs purchased each of the instant goods from C on December 1, 2015, and the purchase price for the goods Nos. 1 and 2 as indicated in the separate sheet shall be paid to Korea Capital Co., Ltd., the owner of the said goods, and the purchase price for the goods Nos. 3 and 10 as indicated in the separate sheet was paid to the third party as designated by C, the owner of the said goods, and the fact that the ownership was acquired upon delivery of each of the instant goods from C by means of possession revision is recognized. Therefore, the compulsory execution of this case shall be denied as to the goods owned by the Plaintiffs.

3. In conclusion, the plaintiffs' claims are justified and acceptable.

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