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(영문) 광주지방법원순천지원 2017.07.19 2016가단13226
제3자이의
Text

1. The Defendant’s executory payment order against C is the Seoul Western District Court Decision 2015 tea1319.

Reasons

1. Facts of recognition;

A. The plaintiff A is the mother of C, and the plaintiff B is the mother of C.

B. around 209, Plaintiff A purchased each of the items listed in Nos. 2 and 3 among the items listed in the separate sheet, and No. 5 among the items listed in the separate sheet on June 28, 2014, and Plaintiff B purchased the items listed in No. 7 among the items listed in the separate sheet on August 13, 2007 (hereinafter referred to as “instant items” by aggregating the items listed in No. 2, 3, 5, and 7).

C. Meanwhile, on April 3, 2015, the Defendant filed a payment order against C as Seoul Western District Court 2015 tea1318, and received a payment order from the above court. The said payment order was finalized on April 21, 2015.

Based on the executory exemplification of the above payment order, the defendant applied for the seizure of corporeal movables on the objects listed in the separate sheet by the Gwangju District Court 2016No. 1629, and the above court executed the seizure on September 27, 2016.

E. The Plaintiffs filed an application for provisional disposition seeking the suspension of compulsory execution of the instant case under the Gwangju District Court’s 2016KaMa72, and the same court received deposit guarantee insurance policy on October 18, 2016 and suspended the instant compulsory execution until the judgment on the merits of the instant case was rendered.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, 12, 15, 17 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts of recognition, the owners of Nos. 2, 3, and 5 among the goods of this case shall be the Plaintiff B. Therefore, the compulsory execution on the premise that C is its owner shall not be permitted.

B. The plaintiff A asserts that the articles listed in the separate sheet Nos. 4, 6, 8, and 10 among the articles listed in the separate sheet are owned by himself.

A lawsuit of demurrer against a third party shall be in respect of compulsory execution infringing upon a third party's ownership or right to prevent transfer or delivery of the subject matter of execution.

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