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(영문) 부산지방법원 2015.07.22 2015가단20380
제3자이의
Text

1. An executory exemplification of the Busan District Court Decision 2014Kao1455 of the costs of lawsuit against I by the Defendants.

Reasons

1. The Defendants seized the articles listed in the separate sheet (hereinafter “instant articles”) on March 13, 2015, based on the executory exemplification of the Busan District Court Decision 2014Kahap1455 regarding the father I of the Plaintiff’s father. However, the instant articles seized by the Defendants are not owned by I, but owned by the Plaintiff and the Defendant, and there is no dispute between the Plaintiff and the Defendant, and between the Plaintiff, C, D, E, F, and H are deemed to have been led to confession under Article 150 of the Civil Procedure Act, and between the Plaintiff and the Defendant and the Defendant, according to the purport of each of the statements and the entire arguments as indicated in subparagraphs 1, 2, and 3.

According to the above facts, the Defendants’ compulsory execution on March 13, 2015, based on the executory exemplification of the Busan District Court Decision 2014Kadan14555 decided on March 13, 2015, against the goods listed in the attached list, shall be dismissed as it infringes on the Plaintiff’s ownership.

2. If so, the plaintiff's claim is justified and acceptable.

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