제3자이의
1. Revocation of a judgment of the first instance;
2. The Defendant’s enforcement of the Incheon District Court Decision 2004Kadan19325 against Nonparty C.
1. Basic facts
A. On November 19, 2014, Incheon District Court Decision 2004Kadan19325, the Defendant sentenced C to a judgment ordering payment of KRW 67,050,000 and damages for delay thereof (hereinafter “instant judgment”). Based on the executory exemplification of the said judgment, on November 19, 2014, the Defendant executed compulsory execution (hereinafter “instant compulsory execution”) against each of the items listed in the attached attachment list (hereinafter “instant apartment”).
B. On October 16, 1997, the Plaintiff had a shared agreement with C.
C. On October 22, 2004, the Plaintiff moved into the Gung-si of Gyeonggi-do, and C transferred from February 27, 1999 to March 25, 2003, to the G Yang-gun of Gyeonggi-do, and thereafter, to the Gong-si of Gyeonggi-do.
【In the absence of any dispute over the grounds for recognition, Gap evidence 1, 2, Eul evidence 3, the fact-finding results in the case of the court of first instance and the purport of the whole pleadings
2. The plaintiff asserts that the judgment of the third party's objection is separate after the divorce with C, and that the defendant's compulsory execution against C of this case shall not be allowed, since the plaintiff independently owns each of the objects of this case.
In principle, in a married couple’s communal life, the property acquired by one of the married couple in his/her own revenue and name shall be deemed to be the sole ownership of the property acquired with the special property. However, the property whose belongs to anyone of the married couple is presumed to be the joint ownership of the married couple. On the other hand, pursuant to Article 190 of the Civil Execution Act, corporeal movables owned by the debtor and his/her spouse as joint ownership of the debtor and his/her spouse or jointly possessed by
In addition, the above provision shall also apply to co-owned corporeal movables of a married couple who has a substance of a marital life and has a de facto marital relationship without reporting only a marriage.