제3자이의
1. The Defendant has the executive force of the judgment No. 201Gadan22540 decided Nov. 17, 201 with respect to the Suwon District Court of Suyang Branch Decision No. 2011 decided Nov. 17, 201.
1. Basic facts
A. On September 2005, the Plaintiff was married to D, a child of C, and became the shot of C.
The plaintiff lives in Ansan-si E and B 202 (hereinafter referred to as the "the apartment of this case").
C also made a move-in report to the apartment of this case on September 10, 2015.
B. On May 23, 2016, the Defendant, based on the executive title stated in Paragraph (1) of the Disposition against C, issued a seizure of the movable property indicated in the attached attachment list, which was located in the apartment of this case, (hereinafter “instant movable property, etc.”) as indicated in the Suwon District Court’s Ansan Branch 2016No1592 (hereinafter “the instant apartment”).
[Judgment of the court below] The ground for recognition is without dispute, Gap evidence No. 5, and the ground for appeal
2. Summary of the parties' arguments;
A. The plaintiff 3 is as follows.
B. The address of Defendant C is not only the apartment of this case, but also the apartment of this case, and as there were clothes, mail, etc. of the C Husband and wife at the inside of the apartment of this case, C live in the apartment of this case.
Therefore, since each of the goods of this case is not the plaintiff but C's possession, seizure execution is lawful.
3. Determination
A. The Plaintiff, after having married with D, filed a move-in report on November 24, 2005, as F on August 18, 201, as the Gangseo-gu Seoul Metropolitan Government Building 602, Jun. 10, 2014, and as the instant apartment on September 10, 2015.
C During the period of Ansan-si on January 9, 2009, the Plaintiff and his domicile were different until August 17, 201, such as filing a move-in report for the former I Apartment 701 Dong 701, Dong 701, etc., and was almost the same as the Plaintiff from August 18, 201.
On August 31, 2005, the Plaintiff paid the TV, the subject matter of this case, to KRW 350,000 in direct accidents, cash, and the delivery place was designated as F, 101 at the time of Ansan.
On August 6, 2006, the Plaintiff paid the price by using the card in the name of the Plaintiff, directly involved in an accident at El Electronic Center, and by using the card in the name of the Plaintiff.
On July 26, 2015, the Plaintiff is the instant product in the Home Plus.