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(영문) 의정부지방법원 2020.09.18 2020가단3017

제3자이의

Text

1. On February 2020, the Defendant based on the authentic copy of the judgment with the executory power of No. 2016Gahap1837 against Nonparty C.

Reasons

1. The following facts may be found either in dispute between the parties or in accordance with the statements set forth in Gap evidence 1 and 4-1:

The defendant is a creditor who holds executive title against Ku Government District Court 2016Gahap1837.

On February 26, 2020, for the execution of a claim based on the above judgment, the Defendant seized the corporeal movables listed in the D apartment in Namyang-si, Namyang-si, and the attached list in E (hereinafter “instant corporeal movables”).

(F) of the District Court of Log Government;

The plaintiff is a legal spouse of C, and also resides in the place of execution of seizure.

2. Ccorporeal movables under a co-ownership of the judgment debtor and his/her spouse, which are possessed by the debtor or jointly possessed with his/her spouse, may be seized.

(Article 190 of the Civil Execution Act). On the other hand, the property acquired by one side of the married couple in his/her own name and the property acquired in his/her own name during the marriage shall be the property unique to the property, and the property of which it is unclear who belongs to

(1) Article 830 of the Civil Act provides that “The corporeal movables in the instant case shall be seized together with other articles by Company G in January 22, 2015 and sold at KRW 3.1 million to H on January 22, 2015” (Article 830 of the Civil Act). The Plaintiff purchased all articles, including the instant corporeal movables, at KRW 4.1 million between H and H on February 5, 2015, and the down payment amount of KRW 500,000,000,000,000,000 won is to be paid on February 9, 2015; and the remainder payment of KRW 3.1 million,00,000,000,000,000,000 won is to be paid on February 16, 2015.”

According to the above facts, the corporeal movables in this case are possessed together with the debtor C, who is his spouse, but the plaintiff is entitled to his money from I.