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(영문) 울산지방법원 2015.01.27 2014가단29680
제3자이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant filed a lawsuit against C on the claim for the purchase of goods by Busan District Court 2014Kadan60572, and received a favorable judgment from the above court.

B. On the basis of an executory exemplification of the above judgment, the Defendant seized the attached list of corporeal movables in the attached Form No. 1404, Ulsan-gu, Ulsan-gu, B apartment 101, Dong 1404 (hereinafter “instant movables”) on November 5, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 2 and 3, purport of the whole pleadings

2. The Plaintiff asserts that the instant movable was owned by the Plaintiff, and that the Plaintiff lent it to C and his wife.

In light of the facts that the instant movable is owned by the Plaintiff, it is difficult to believe that each entry in the evidence Nos. 1 and 4 is written on May 20, 2014 (Subject to the content of the evidence Nos. 1 and 4, the Plaintiff agreed to be assigned the instant movable in the event that (i) the Plaintiff borrowed 2.5 million won to C and is unable to repay the money; (ii) the Plaintiff did not pay the money; (iii) the Plaintiff filed a lawsuit against C with the Ulsan District Court (2014Da5479). On May 16, 2014, the Plaintiff leased the instant movable to C on May 20, 2014. However, even if the Plaintiff did not pay the money to C as security for business transactions, it is insufficient to recognize that the Plaintiff leased the instant movable to C on the sole basis of the evidence No. 5).

Therefore, the plaintiff's assertion is without merit.

3. The plaintiff's claim for conclusion is dismissed as there is no reasonable ground.

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