제3자이의
1. The Defendant’s executory exemplification of the Seoul Eastern District Court Decision 2016 Ghana251029 Decided October 27, 2016.
1. Facts of recognition;
A. The plaintiff is the husband and wife who completed the marriage report on September 6, 1998, and his children F.
B. On October 27, 2016, Seoul Eastern District Court rendered a judgment to pay to the Defendant KRW 11,352,492 and KRW 5 million per annum to the Defendant at the rate of 34% per annum from March 15, 2016 to the date of complete payment.
(C) Based on the executory exemplification of the instant judgment on January 10, 2020, the enforcement officer of the Busan District Court attached each movable property indicated in the attached list No. 1 and No. 1 and No. 1 and 6, and the purport of the entire pleadings, based on the executory exemplification of the instant judgment. The enforcement officer of the Busan District Court seized each movable property listed in the attached list No. 1 and No. 1 and No. 8, which is the Plaintiff’s residence.
2. The assertion and judgment
A. Although the Plaintiff’s summary of the Plaintiff’s claim has completed the report of marriage with E, the Plaintiff actually acquired Twits and Earcoms listed in [Attachment 1, 3, and 8] list 1, 3, and 8 as unique property during his/her separate stay, and the health engine listed in [Attachment 2] No. 2 is all acquired by his/her child F and cannot be subject to compulsory execution based on the executory exemplification of the instant judgment.
(However, in the claim stated in the complaint, the plaintiff is not allowed to enforce compulsory execution against all of the movables listed in the separate sheet.
Judgment
The proprietary property owned by one side of a married couple prior to marriage, and the property acquired in his/her name during the marriage, shall be the special property, and the property whose name belongs to either side of the married couple shall be presumed to be jointly owned
(Article 830 of the Civil Act). Ccorporeal movables under a co-ownership of the debtor and his spouse, which are possessed by the debtor or jointly possessed with his spouse, may be seized.
(Articles 190 and 189 of the Civil Execution Act). In this case, the purport of the entire pleadings is as follows.