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(영문) 인천지방법원 2017.05.11 2016가단56747
제3자이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff, which caused the instant claim, is the owner of the instant home appliances, and thus, the compulsory execution of the instant case should be dismissed.

2. Facts of recognition;

A. The Plaintiff is C’s catus.

B. The Defendant filed a lawsuit against C with the Incheon District Court 2006Gabu6037 and received a favorable judgment. The principal amount is KRW 1,700,000, and the interest (damage for delay) up to the time of the application for compulsory execution of this case is KRW 3,559,288.

C. On August 2, 2016, C was residing with the husband E of the building D and the 1 Dong 401, Nam-gu, Incheon, Seoul, the execution place, and participated in the compulsory execution procedure of this case.

Plaintiff

And IF have resident registration since they made a move-in report to the above place of execution on June 1, 2011.

E. The Plaintiff asserted that the instant home appliances were old, and did not display a purchase receipt or credit card sales slip.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

3. The judgment of the court below is not sufficient to recognize that the household appliances of this case were owned by the plaintiff, and there is no other evidence to prove otherwise, the plaintiff's above assertion is without merit

4. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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