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(영문) 서울중앙지방법원 2020.11.13 2019가단53441
제3자이의의소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The facts of recognition are as follows: (a) based on the authentic copy of the executory protocol of the Daejeon District Court 2014Da32271, Daejeon District Court 201, the Defendant attached movable property indicated in the separate sheet (hereinafter “instant movable property”) in Gangnam-gu Seoul and E (hereinafter “instant apartment”) (hereinafter “instant apartment”) located at the domicile of C on November 4, 2019, pursuant to the executory protocol of the Daejeon District Court 201Ga3271, the Defendant may either have no dispute between the parties

2. The assertion and judgment

A. The purport of the Plaintiff’s assertion is that the movable property of this case is owned by the Plaintiff, and compulsory execution against the movable property of this case must be denied.

B. A lawsuit of demurrer by a third party is a lawsuit seeking the exclusion of enforcement in the event that the third party has ownership or a right to prevent transfer or transfer of the subject matter of enforcement, and that the third party has an objection to the compulsory execution that infringes on it. The plaintiff bears the burden of proving the ground for objection that the subject matter of enforcement is owned by the plaintiff or has a right to prevent transfer or transfer of the subject matter to the plaintiff.

With respect to the instant case, it is not sufficient to recognize that the instant movable property was owned by the Plaintiff only with the descriptions of evidence Nos. 1 and 4 as to the instant case, and there is no other evidence to acknowledge it.

(3) At the date of pleading, the plaintiff himself/herself borrowed the apartment of this case from G without the consent of the lessor, and the movable of this case stated that G was purchased by G. 3. The plaintiff's claim for the decision is dismissed on the ground that it is not reasonable.

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