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(영문) 창원지방법원 2018.09.06 2017가단115876
제3자이의
Text

1. On October 11, 2017, based on the original copy of the payment order issued against C by the Busan District Court 2013 tea 12681.

Reasons

1. Basic facts

A. Defendant C’s claim 1) filed an application for a payment order with the Defendant (Resan District Court 2013 tea12681, hereinafter referred to as the “instant payment order”) on July 25, 2013, the said court issued a payment order with the content that “C shall pay to the Defendant 14,646,200 won, and 5% per annum from January 1, 2013 to the delivery date of the original copy of the payment order, and 20% per annum from the next day to the date of complete payment” (hereinafter referred to as “instant payment order”).

(2) The instant payment order was finalized on October 11, 2013.

B. Defendant’s compulsory execution 1) The place of business D at the window of Changwon-si (hereinafter “instant place of business”).

(2) The Defendant applied for compulsory execution against movable property kept in the instant workplace upon the instant payment order.

(C) On October 1, 2017, an execution officer of the Changwon District Court 2017No. 2565) issued a seizure of each movable property recorded in the separate sheet No. 2, which is kept in the workplace of this case. A part of the Plaintiff’s movable property disposal of the instant movable property was partially disposed of among the movable property seized in the Changwon District Court 2017No. 2565. As indicated in the separate sheet No. 1, the remaining movable property is as indicated in [Attachment No. 1, No. 1, 7, and 8, No. 19, No. 20, No. 32, and No. 333, and the purport of the entire pleadings.

2. The parties' assertion

A. Each movable set forth in the separate sheet No. 2, kept in the Plaintiff’s instant workplace and the workplace, is not owned by C, but owned by the Plaintiff.

Nevertheless, since the defendant with executive title against C and enforced compulsory execution against movable property owned by the plaintiff, such compulsory execution should not be permitted.

B. The Plaintiff is the president of the lower court, and the owner of each movable property stated in the separate sheet No. 2 attached to the instant workplace and the workplace is C.

Therefore, with respect to each movable listed in the separate sheet No. 2, according to the instant payment order.

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