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(영문) 대구지방법원포항지원 2015.04.28 2015가단937
제3자이의
Text

1. The plaintiff's claim is dismissed.

2. On January 30, 2015, this Court shall apply to cases where compulsory execution is requested to be suspended by this Court.

Reasons

1. Basic facts

A. On January 21, 2015, the Defendant: (a) seized the instant corporeal movables, which were in the North-Gu D apartment Nos. 103 Dong-dong 303 (hereinafter “instant apartment”) on January 21, 2015, based on the executory exemplification of the decision of the Daegu District Court Branch of the Daegu District Court Branch of Korea 201Gau 12400, the Defendant seized the instant corporeal movables.

(hereinafter “instant compulsory execution”). B.

On the other hand, on October 12, 2001, the Plaintiff, a mother of C, completed the registration of ownership transfer for the instant apartment.

[Reasons for Recognition] Unsatisfy, entry of Gap 1 through 3, the purport of the whole pleadings

2. Assertion and determination

A. At the time of the Plaintiff’s assertion and compulsory execution, C did not actually reside in the apartment of this case while having only filed a move-in report, and the Plaintiff actually resided in it, and thus, C’s corporeal movables are not owned by C, but owned by the Plaintiff. Thus, the Defendant’s compulsory execution against the instant corporeal movables, which are the Plaintiff’s possession, should be denied.

B. According to the facts acknowledged prior to the judgment, the apartment of this case is owned by the plaintiff as an injury to the registration of the apartment of this case where the corporeal movables of this case were located.

However, the Plaintiff did not submit objective data to prove that corporeal movables of this case, which were the subject of the instant compulsory execution, were purchased by himself. Moreover, the following circumstances, which can be acknowledged by comprehensively considering the overall purport of the pleadings, are as follows: ① after the moving-in report on the instant apartment on March 5, 2009, C had placed the instant apartment at the domicile until January 28, 2015, while the Plaintiff purchased the instant apartment and completed the registration of transfer of ownership under its own name on February 18, 2002, and transferred the instant apartment to North Si/Gu E on December 2, 2002, and thereafter transferred the instant apartment to the domicile.

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