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(영문) 울산지방법원 2018.11.07 2018나20620
제3자이의
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. Defendant B executed attachment on June 14, 2017, on the basis of the No. 113 of the 2015 Deed No. 113 (hereinafter “instant No. notarial deed”), which was signed by the Ejoint law office of the Ejoint law office on January 23, 2015 by a notary public against D Co., Ltd. (hereinafter “Nonindicted Company”).

B. On May 30, 2017, Defendant C executed attachment of the instant goods on June 14, 2017, based on the executory exemplification of the judgment with a declaration of provisional execution 2016da5603 Decided May 30, 2017 with respect to the non-party company.

[Ground of recognition] Facts without dispute, Gap evidence 2, 4, and 5 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion

A. On January 17, 2017, the Plaintiff leased a golf shop and a golf practice range (excluding a golf shop and a car page) for the steel structure sports facilities of the G ground in Gyeyang-si, Yangsan-si, which is owned by the said company, and purchased the instant goods.

Therefore, since the above articles are owned by the plaintiff, the defendants' non-performance of compulsory execution is sought.

B. Furthermore, since the non-party company deposited its debt to Defendant B and its enforcement title has ceased to exist, compulsory execution against the instant goods by Defendant B is unreasonable.

3. Determination

A. A lawsuit of demurrer by a third party on the assertion of ownership is filed by a third party with respect to the subject matter of execution in cases where he/she has ownership or a right to block transfer or transfer of ownership, and the lawsuit seeking the exclusion of enforcement by raising an objection to the compulsory execution that infringes on the subject matter, and the burden of proving that the subject matter of execution is owned by the plaintiff or has a right to block transfer or transfer of ownership to the plaintiff. However, the aforementioned evidence and evidence as mentioned above are acknowledged by considering the whole purport of the pleadings in the items of evidence Nos. 1, 2 and 3.

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