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(영문) 인천지방법원 2020.06.24 2019가단29562
제3자이의
Text

1. The Defendant’s payment order regarding the loan case against Nonparty D was issued by the Seoul Central District Court 2019 tea372069.

Reasons

Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1 through 4, the Plaintiff acquired ownership by receiving a successful bid of KRW 2,060,00 in the corporeal movables case filed by E against D on May 15, 2019, by paying the purchase price of KRW 2,060,000 in the attached list (hereinafter “instant movables”), and the Defendant thereafter, based on the executory exemplification of the payment order for loans against D on October 30, 2019, based on the Seoul Central District Court Decision 2019Hu372069, Seoul Central District Court Decision 201Da372069.

According to the above facts, the Plaintiff constitutes a third party with ownership as stipulated under Article 48 of the Civil Execution Act with respect to the movable property of this case. Ultimately, the enforcement against the movable property of this case made by the Defendant on October 30, 2019 based on the executory exemplification of the above payment order against D shall be denied.

Therefore, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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