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(영문) 수원지방법원성남지원 2016.04.29 2015가단34108
제3자이의
Text

1. Based on the executory exemplification of the judgment of Suwon District Court 2010Kadan10609 rendered by the Defendant with respect to Suwon District Court 2015.

Reasons

1. Basic facts

A. Defendant and D filed a lawsuit against Defendant and D with Suwon District Court for each of them as Suwon District Court Branch Branch 2010Kadan19609, and on July 7, 2010, the said court rendered a judgment that “C shall pay to Defendant and D the amount of KRW 45,714,285, and each of the said amounts, 5% per annum from December 31, 1994 to July 19, 200, and 20% per annum from the next day to the day of full payment.”

B. On November 19, 2015, the Defendant, based on the executory exemplification of the judgment of Suwon District Court 2010Kadan19609, the Defendant issued a seizure execution of each of the corporeal movables listed in the separate sheet No. 201, 2015No. 3216, Sungnam-si, Sungnam-si, AB01 (hereinafter “instant corporeal movables”).

C. On August 30, 2015, the Plaintiff concluded a lease agreement with the F and the deposit KRW 300,000,000,000,000,000 for the rent of KRW 5 million on August 31, 2015, with the period of lease from August 31, 2015 to 24 months. D.

On August 2015, the Plaintiff: (a) requested G to purchase the instant corporeal movables; (b) made cash payments to G; and (c) purchased them through G’s house site.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 3, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the corporeal movables in this case are owned by the plaintiff, and C is an address as the EB02 of the Sinnam-si, Sungnam-si, and the enforcement of the EB01 of the Sinnam-si, Sungnam-si is unfair.

The Defendant asserts that C’s transfer date was 2012 and C’s directors under subparagraphs 1 and 2 of the underground floor of the same building, and that C’s corporeal movables were owned by C.

B. Comprehensively taking account of the aforementioned facts of recognition, the evidence as mentioned above, and the purport of the entire pleadings in the evidence Nos. 1 and 2, C is entered in the resident registration card as it was transferred on November 5, 2012 to EB02 of the Sungnam-si, Sungnam-si, and the instant corporeal movables No. 1, EB01, the next side of the corporeal movables.

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