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(영문) 의정부지방법원고양지원 2019.06.20 2019가단2530
제3자이의
Text

1. The Defendant’s enforcement force of the judgment No. 2013 Ghana 21694 Decided September 25, 2013, 2013, which was rendered by the District Court of the Republic of Korea with respect to C.

Reasons

1. Basic facts

A. On September 25, 2013, the Defendant filed an application for the seizure of corporeal movables located in Soyang-gu E and Fho Lake (hereinafter “instant real estate”) where C resides in his/her territory, based on the executory exemplification of the judgment of the 2013Gabu 21694 Decided September 25, 2013, for the attachment of the said corporeal movables, located in Seoyang-gu E and Fho (hereinafter “instant real estate”).

B. On February 21, 2019, upon the Defendant’s above motion, the enforcement officer affiliated with the Goyang Branch District Court attached each of the corporeal movables listed in the attached seizure list from the instant real estate.

(hereinafter “instant movable property”). C.

C From 2003, after divorce, from the real estate of this case owned by the Plaintiff, C live together with the Plaintiff’s husband and wife and their children.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The Plaintiff asserts that, since the instant movable property is the subject matter owned by the Plaintiff, the Defendant’s compulsory execution against the instant movable property ought to be denied.

According to the evidence No. 2 of this case, since it can be acknowledged that the plaintiff purchased the article No. 1 of the attached seizure list, the above article is owned by the plaintiff. Thus, the execution of this case by the defendant against the above article owned by the plaintiff based on the executive title against C, such as Paragraph 1 of this case, shall be dismissed unfairly.

Meanwhile, the Plaintiff bears the burden of proving that the Plaintiff has ownership of the goods subject to compulsory execution in the lawsuit by the third party and the Plaintiff. Considering that most of the movables of this case is not personally used but personally used as a house used for the residence of a family or a cohabitant, and that C acquired after the commencement of residing in the real estate of this case, the entry of the evidence No. 4 in the separate sheet No. 2 through 5 alone is the Plaintiff’s ownership.

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