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(영문) 인천지방법원 부천지원 2018.12.19 2018가단7544
제3자이의
Text

1. The original copy of the decision on provisional seizure of corporeal movables (No. 2016Kadan2376) by Defendant E against Nonparty I.

Reasons

1. Basic facts

A. A. Around September 3, 2014, Defendant C, based on the executory performance of the payment order for the goods payment case No. 2014j2518 against Non-Party C, the Seoul District Court Branch of the Incheon District Court, 2014, issued a seizure of corporeal movables against the machinery listed in the attached Table No. 1.

B. Around November 9, 2016, Defendant E, based on the original copy of the decision on provisional seizure of corporeal movables No. 2016Kadan2376, Defendant E, based on the same support for Nonparty I, executed provisional seizure of corporeal movables against the machinery listed in paragraph (1) of the same list.

C. Around January 17, 2017, Defendant F, based on the executory exemplification of the judgment in the goods payment case No. 2015da206689, Defendant F, based on the same support for Nonparty I, executed a seizure of corporeal movables against the machinery listed in paragraph (1) of the same list.

On February 9, 2017, Defendant E executed the seizure of corporeal movables on the machinery listed in paragraphs 1 and 2 of the same list based on the executory exemplification of the case, such as Non-Party I’s 2016Gadan22686 building name map, etc.

E. On February 9, 2017, Defendant G, based on the decision of performance recommendation to Nonparty I, the Incheon District Court 2016 Ghana 2016da116278 regarding the purchase price of goods, the Defendant G executed a seizure of corporeal movables against the machinery listed in paragraphs 1 and 2 of the same list.

F. Around May 11, 2017, Defendant H executed a seizure of corporeal movables against each of the machinery listed in the same list based on the executory payment order for Nonparty I, which had the executory power over the goods price case No. 2017 tea425 against Nonparty I.

[Ground for Recognition: Facts without dispute, evidence A7 No. 1 through 6, the purport of the entire pleadings]

2. Claim against Defendant C

A. On January 9, 2014, the Plaintiff purchased each of the machinery listed in [Attachment List 1, 200,000 won from Nonparty J Co., Ltd., and on the same day, leased each of the said machinery to I for a period of 1,819,467 won, and from January 9, 2014. The Plaintiff leased each of the said machinery from J Co., Ltd. around June 9, 2014 to 25 million won.

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