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(영문) 의정부지방법원 2017.07.21 2016가단39569
제3자이의
Text

1. According to the Seoul Northern District Court 2016Gahap183, the Defendant’s decision on December 2, 2016 as to Nonparty C’s Appointed Party C.

Reasons

1. The following facts may be found either as a dispute between the parties or as a whole as to the statements in Gap evidence Nos. 1, 2, 3, and 4.

On December 20, 2016, the Defendant seized corporeal movables (hereinafter “instant seizure”) with respect to the movables listed in the attached list (hereinafter “instant movables”) according to the Seoul Northern District Court 2016Gahap183, as to the designated parties C, pursuant to the protocol of mediation of the Seoul Northern District Court 2016Gahap183 (hereinafter “instant movables”).

(2) In the instant attachment report, the attachment report of this case is indicated as “Gangwon Iron-gun D” as the place of the instant attachment.

B. The designated party C is the plaintiff's reference, and the designated party E is the plaintiff's mother.

C. (1) On September 24, 2009, the Plaintiff completed the registration of initial ownership on the second floor of the 2nd floor of the slope roof, the 82.5 square meters of the single floor, and the 118.25 square meters of the two floors of the 2nd floor of the 2nd roof, the Gyeongwon-gun land (road name address: Kuwon-gun G G), which is located on the land of Gangwon-gu, Gangwon-do.

(2) The Selection Party E made a move-in report under the Resident Registration Act, “D” of the Gangwon-gu Iron-gun, Seoul, on October 31, 2011.

(3) On November 1, 2011, Selection E completed the registration of preservation of ownership on the sloping roof of reinforced concrete structure and the sloping roof, the 116.48 square meters of single-story detached housing, on the ground of land H (road name address: Kangwon-gun D) in Gangwon-do.

(4) On February 18, 2013, the designated parties C filed a move-in report under the Resident Registration Act with “YYI”.

(5) The Plaintiff is residing in Gangnam-gu Seoul Metropolitan Government J apartment 101 Dong 1403.

2. Judgment on the plaintiff's claim

A. (1) Although the seizure of the instant case is indicated to have been executed in the “Gangwon Iron-gun D,” the seizure was executed in the “Gangwon-gun,” where the building owned by the Plaintiff was located, and the instant movable property is owned by the Plaintiff.

(2) The Defendant Appointed Party C and the Appointed E live together in the “Gangwon Iron-gun D,” and thus, the instant movable property is not owned by the Plaintiff, but owned by the Appointed E.

B. (1) The grounds for the objection by a third party are the grounds for the objection.

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