제3자이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On October 16, 2014, the Defendant seized each of the items listed in the separate attachment list (hereinafter “each of the instant items”) on the basis of the executory payment order for the instant case No. 2014M5130, Suwon District Court 2014, Suwon District Court 2014No. 7604, the Plaintiff’s domicile of the Plaintiff (hereinafter “instant housing”) based on the executory payment order for the instant case No. 20130.
B. Around January 28, 2014, the Plaintiff, as the husband of B, filed a move-in report on the instant house.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Eul evidence 1-1, the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. On December 2013, 2013, the Plaintiff asserted that the Plaintiff moved to the instant housing with her son and her son, and moved to the B separately from her son. Among each of the instant items, 1 through 3 were purchased by the Plaintiff’s assets thereafter, and 4 of the instant items were owned by the Plaintiff prior to her marriage with her own property. As such, each of the items listed in 1 through 4 among the instant items is the Plaintiff’s unique property, and the compulsory execution against this should be denied.
B. The property acquired by one of the married couple in his/her name during the marriage is its unique property (Article 830(1) of the Civil Act); however, the property whose identity belongs to any of the married couple is presumed to be jointly owned by the married couple (Article 830(2) of the Civil Act); and the corporeal movables jointly possessed by the debtor and his/her spouse, which are jointly owned by the debtor or jointly possessed by the spouse, may be seized.
(Article 190 of the Civil Execution Act). First, there is no evidence to acknowledge that each of the items in this case 1 and 4 was owned by the Plaintiff prior to the marriage with B, or that it was purchased by the Plaintiff as its own assets after the Plaintiff moved into the instant house.