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(영문) 광주지방법원해남지원 2015.09.22 2015가단950
제3자이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Defendant filed an application for compulsory execution against movables, including each of the articles listed in the separate sheet D and E (hereinafter “instant articles”), based on the authentic copy of the judgment of Gwangju District Court 2014Kadan3594 regarding C, the Plaintiff’s ASEAN, on March 3, 2015, the enforcement officer of this court executed the seizure of corporeal movables on the instant articles.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The Plaintiff’s assertion was purchased from F on April 20, 2014.

Since the subject matter of this case is owned by the plaintiff, compulsory execution against it should be rejected.

3. Determination

A. A lawsuit of demurrer by a third party with the burden of proof is a lawsuit seeking the exclusion of enforcement with respect to compulsory execution that infringes upon a third party’s ownership or right to restrain transfer or delivery of the subject matter of enforcement.

The plaintiff bears the burden of proving that the ground of objection in the lawsuit of a third party, that is, the articles subject to compulsory execution, are owned by the plaintiff or are entitled to prevent transfer or delivery to the plaintiff.

B. The images of Gap evidence Nos. 2, 4, and 8 (including each number), and evidence Nos. 3, 7, and 9 (including each number) are insufficient to recognize the goods of this case as owned by the plaintiff as owned by the plaintiff, and there is no other evidence to acknowledge them otherwise.

1) The Plaintiff’s certificate No. 2 (a sales contract, hereinafter “instant contract”).

(A) The Plaintiff submitted the instant contract and asserted that the Plaintiff purchased the instant goods from G engaged in the agricultural machine sales business in the name of F. However, the instant contract cannot be ruled out after the fact that the Plaintiff had sought ex officio or cooperation from G in the following point of view, and thus, it is difficult to believe that the instant contract was concluded in advance.

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