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(영문) 제주지방법원 2020.09.07 2020가단55765
제3자이의
Text

1. The plaintiff's claim is dismissed.

2. On April 24, 2020, this Court

Reasons

Basic Facts

On April 30, 2018, the Plaintiff entered into a contract with C to be entrusted with the operation and management of the hotel D and E-ground hotel F (hereinafter “instant hotel”).

(hereinafter referred to as the “instant operating consignment contract”). The main contents of the said contract are as follows:

Article 2 (Opening of Entrusted Facilities) Facilities that a truster intends to entrust the management and operation to a trustee shall be entrusted with hotel entrustment facilities and ancillary facilities.

The period of entrustment under Article 3 (Period of Entrustment) of guest rooms 22 rooms and street, Lestop and ancillary facilities shall be from August 1, 2018 to two years.

Where one party to the contract does not notify the other party of his intention to terminate the contract in writing not later than three months before the contract is terminated, this contract shall continue to exist or automatically extended.

The Defendant filed a claim against C for a payment order with the Seoul Eastern District Court 2019 tea27752 to pay KRW 123,00,000 to the Defendant and the delay damages therefor. On November 22, 2019, the said court ordered C to pay the payment order as requested by the Defendant.

On March 26, 2020, on the basis of the executory exemplification of the above payment order, the defendant executed a seizure of the movables listed in the attached list to Jeju District Court G on March 26, 2020.

(A) The Plaintiff entered into a contract for the operation of the said hotel by the sectional owners of each of the hotel units of this case and C, and the Plaintiff’s assertion of the purport of the entire pleadings, as stated in Gap’s Nos. 4 and 6.

The Plaintiff acquired the ownership of the goods stored in the hotel of this case in accordance with the operation consignment agreement or acquired it from C.

Therefore, since the plaintiff is the owner of the movable property listed in the attached list, the defendant cannot enforce compulsory execution against the above movable property owned by the plaintiff as the executive title of C.

Judgment

The following items are acknowledged or may be known by adding up the whole purport of the pleadings to the statements in Gap evidence 1 to 6 and Eul evidence 1 to 4.

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