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(영문) 인천지방법원 2017.08.08 2016나12182
제3자이의의소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On November 13, 2015, the Defendant filed a lawsuit against B Co., Ltd. (hereinafter “B”) with the Busan District Court Branch Decision 2015Da113240, thereby winning the judgment (hereinafter “instant judgment”).

B. Based on the executory exemplification of the instant judgment, the Defendant filed an application for compulsory execution against the items indicated in the attached attachment list in Kimpo-si, Kimpo-si, Incheon District Court Branching 2015No. 3910, and accordingly, the said court execution officer seized the above items on November 27, 2015.

(hereinafter “Compulsory Execution of this case”). / [Grounds for recognition] The fact that there is no dispute, entry of Gap evidence Nos. 2 and 5 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Judgment on the parties' arguments

A. Since the articles listed in Nos. 4, 7, and 8 of the attached list of the Plaintiff’s assertion (hereinafter in this case, the articles specified by using the entry in the “number” and the “Attachment” column in the attached list) are owned by the Plaintiff, compulsory execution based on the judgment of this case against B cannot be permitted.

B. Determination 1) In light of the following circumstances acknowledged by the respective descriptions of Gap evidence Nos. 1 through 13, witness D’s testimony, and the purport of the entire pleadings, it is reasonable to deem that the items Nos. 4, 7, and 8, which seek the denial of compulsory execution, in the instant case, are owned by the plaintiff. ① On July 1, 2015, the plaintiff entered into a contract with B on consignment with the plaintiff by providing raw materials and subsidiary materials, and Eul entered into a contract on consignment with the plaintiff to manufacture and deliver the products according to the plaintiff’s instructions, including the following contents. Article 4 (Reversion Ownership Ownership Ownership) "B" confirms that all the raw materials and finished products and finished products delivered from "B" are owned by "A" and Article 5 (Entrusted Storage) is only stored in order to process them.

1. “B” is from “A”.

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