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1. The Defendant’s decision on November 13, 2015 rendered by the Incheon District Court for Bochi metal Co., Ltd.
Reasons
1. Indication of claim;
A. On November 13, 2015, the Defendant filed a lawsuit with the Busan District Court Branch Decision 2015Kadan113240 against the light metal Co., Ltd. (hereinafter “Blue Metal”), thereby winning the judgment (hereinafter “instant judgment”).
B. Based on the executory exemplification of the instant judgment, the Defendant filed an application for compulsory execution against the articles listed in the attached attachment list in Kimpo-si, Kimpo-si, Incheon District Court Branching 2015No. 3910, based on the executory exemplification of the instant judgment, and accordingly, the said court execution officer seized the articles listed in the attached attachment list on November 27, 2015.
(hereinafter “instant compulsory execution”). C.
On July 1, 2015, the Plaintiff provided raw materials and subsidiary materials and entrusted the processing thereof to the Plaintiff. The light metal manufactured and supplied products according to the Plaintiff’s instruction, and received processing fees from the Plaintiff. The semi-finished and finished products manufactured as above were concluded with the content that the latter would be the Plaintiff’s owned goods.
Pursuant to the above contract, the light metal was provided with raw materials and supplementary materials from the plaintiff and manufactured each of the seized objects listed in Nos. 4, 7, and 8 of the attached list (hereinafter “each of the seized objects of this case”).
E. Therefore, each of the instant seized objects is owned by the Plaintiff, and the instant compulsory execution against each of the instant seized objects is unfair as it is a compulsory execution against a third party’s movable, not a debtor, and thus, it should be rejected.
2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;