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(영문) 인천지방법원 부천지원 2018.01.31 2017가단109603
제3자이의
Text

1. The defendant shall deliver the goods listed in the separate sheet to the plaintiffs.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Basic facts

A. On June 18, 2013, the Defendant filed a lawsuit against D with Busan District Court 2013 Ghana60135, and the above court rendered a judgment to the effect that “D shall pay KRW 10,000,000 to the Defendant and its delay damages.” The above judgment became final and conclusive on July 10, 2013.

B. Based on the foregoing final judgment, on April 20, 2016, the Defendant conducted a seizure of corporeal movables (hereinafter “instant compulsory execution”) with respect to the movables indicated in the separate sheet (hereinafter “instant movables”) by the Incheon District Court Branch Branch Decision 2017No978, Apr. 20, 2016.

On October 26, 2017, the Defendant purchased the instant movable property in the instant compulsory execution procedure.

C. Meanwhile, on the same day, the Plaintiffs concluded a corporeal movables transfer contract on January 17, 2007 with respect to D and the instant movable property, and a notary public drafted a notarial deed as the E-Law Firm No. 391 on the same day.

Since then, D occupied the movable property of this case.

[Ground of Recognition] Facts without dispute between the parties, significant facts in this court, entries in Gap evidence 1 through 5 (including branch numbers for those with a branch number), witness D's testimony and the purport of the whole pleadings

2. According to the above facts of recognition, the plaintiffs are the owners of the movables of this case, and since the execution of this case was based on the final judgment as to D, the compulsory execution of this case should be denied, but the defendant continued to purchase this case, so the plaintiffs can seek the return thereof to the defendant, who is the possessor.

Since the defendant asserts that he is his own possession by winning the movable property at the auction procedure, even if the movable property owned by a person other than the debtor is sold by auction, the successful bidder who paid the successful bid price at the auction procedure and received it shall bona fide acquire the ownership, unless there are special circumstances.

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