제3자이의
1. The Defendant’s decision on recommendations for execution No. 2014 Ghana 4060 for contribution of the Suwon District Court in relation to B and the same court.
1. The Defendant’s judgment as to the cause of the claim was based on the original copy of the decision on performance recommendation as stipulated in Paragraph (1) of the Disposition B against the Defendant (hereinafter “the instant order of performance recommendation”), and on January 23, 2015, conducted a seizure of corporeal movables (hereinafter “instant compulsory execution”). On November 10, 201, the Plaintiff may recognize the fact that C, a creditor of B, who is the Plaintiff’s husband, was the spouse of Suwon District Court, Sungwon District Court, Busan District Court, 2011j 1443, the original copy of the decision on the payment order for corporeal movables as the spouse of B, and paid the proceeds by preferentially selling corporeal movables listed in the attached list, as a result of the compulsory execution procedure filed pursuant to the original copy of the decision on the payment order as stipulated in the Disposition No. 1, No. 1, 2015.
However, according to the above facts, the corporeal movables in the attached list were co-ownership of the Plaintiff and B, and the corporeal movables in the procedure of compulsory execution conducted by the creditor in the above B, were acquired by the Plaintiff by paying and acquiring the proceeds of sale in the procedure of compulsory execution conducted by the creditor in the above B. The corporeal movables in the attached list are presumed to be co-ownership of the husband and wife (Article 830 of the Civil Act).
Therefore, since the ownership of each of the above corporeal movables is owned by the Plaintiff, the compulsory execution of this case against each of the above corporeal movables, which is not owned by the Plaintiff, shall be dismissed as unlawful.
2. In conclusion, the plaintiff's claim of this case is accepted on the grounds of its reasoning, and it is so decided as per Disposition.