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(영문) 인천지방법원 2020.07.07 2019가단28309
제3자이의
Text

1. The Defendant has the power to execute the Seoul Central District Court Decision 2017Kaba1726 regarding C with a determination of the amount of litigation cost.

Reasons

1. Facts of recognition;

A. The Defendant filed an application for the seizure of corporeal movables with C’s executory exemplification of the Seoul Central District Court Decision 2017Kabama1726, which was based on the executory exemplification of the decision regarding the amount of litigation costs. On September 18, 2019, the enforcement officer of the Incheon District Court seized the corporeal movables (hereinafter “instant corporeal movables”) recorded in the attached list in the Michuhol-gu Incheon Building and Hho (hereinafter “instant real estate”).

B. Around December 27, 2017, Plaintiff B completed the registration of ownership transfer for the instant real estate on January 15, 2017, and completed the registration of ownership transfer with respect to M on the ground of trust on December 26, 2017. On October 2, 2019, Plaintiff B completed the registration of ownership transfer with respect to the instant real estate on the ground of trust on December 26, 2017.

Until now, ownership has been maintained.

C. C transferred the instant real estate to the householder on September 26, 2017, and the Plaintiffs transferred the said real estate to a resident as C’s child around that time.

However, on January 28, 2019, C moved into the Michuhol-gu Incheon Metropolitan City I building and the third floor Jho, and the present domicile is K apartment and Lho in Michuhol-gu Incheon Metropolitan City.

C In the instant real estate, Plaintiff B became the head of the instant real estate while transferring it from the instant real estate, and Plaintiff A was the resident of the instant real estate until October 14, 2019, respectively.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 5, 10, and the purport of the whole pleadings

2. The judgment on the cause of the claim of this case is presumed to be owned by the person who lives in the real estate of this case as the household appliances, and according to the above facts of recognition, the corporeal movables of this case constitute the objects owned or possessed by the plaintiffs while residing in the real estate of this case, and C around January 28, 2019.

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