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(영문) 의정부지방법원 2016.11.11 2016가단24512
제3자이의의 소
Text

1. According to the judgment of the District Court 2012Kadan47623 against Nonparty C, the Defendant listed the attached list on August 8, 2016.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 and 2:

On June 23, 2016, the Defendant executed the seizure of corporeal movables on June 23, 2016, based on the judgment of the Cheongbu District Court 2012Kadan47623 decided on June 23, 2016, and issued conversion disposition on July 11, 2016.

B. On August 8, 2016, the Defendant seized corporeal movables on the movables indicated in the attached attachment list (hereinafter “instant movables”) according to the judgment of the Korean Government District Court 2012Kadan47623 Decided August 8, 2016.

C. C is the Plaintiff’s mother.

2. Judgment on the plaintiff's claim

A. The plaintiff asserts that the movable property of this case is owned by the plaintiff or donated by the plaintiff, and that it is owned by the plaintiff.

B. (1) The grounds for objection by a third party are not limited to ownership, but to be sufficient if it is a right to prevent transfer or delivery of an object of execution. If the object of execution does not belong to the debtor's ownership, a third party who has a claim to return the object under a contractual relationship between the debtor and the execution debtor has a right to prevent transfer or delivery of the object by execution. Thus, the claim for objection by the third party can also be the grounds for objection by the execution.

(2) In full view of the overall purport of the entries and arguments in Section 1, 2, 3, and 5 of the movable property of this case, the fact that the price of No. 1, 2, 3, and 5 in relation to the instant movable property of this case was paid from the Plaintiff’s account as to the instant movable property No. 1, 2, 576. (2) In full view of the overall purport of the entries and arguments in Section 4-3 through 8 of the evidence No. 4-2, 13, 2016, 1, 2, 3, 3, 5, 1, 1, 2, 3, and 5, 2016.

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