A. On October 2, 2014, the Plaintiff executed a seizure of the corporeal movables indicated in the order of this Court (hereinafter “instant movables”) based on the executory payment order as stated in the order of this Court, based on the executory payment order as to C on October 2, 2014.

B. On October 23, 2014, the auction date of the instant movable, the Defendant asserted that the executing court has a co-ownership share of 1/2 as a de facto marriage spouse of C with respect to the instant movable property, and requested payment of the proceeds of sale.

C. At present, C and the Defendant are living together with D, 102 Dong 901 at the prime city where the instant movable property is located, and the instant movable property, such as household appliances and furniture, necessary for living, was located in D, 102 Dong 901 at the prime city prior to the living of C and the Defendant, and thus, the Defendant did not contribute to the purchase thereof.

On the other hand, the defendant is living together with C, while he is in a separate state from the person who has a spouse under the law after filing a marriage report with E, and currently in a separate state from E.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. In principle, in a married couple’s communal life, property acquired by one of the married couple in his/her own revenue and name shall be presumed to be owned independently by one of the couple’s own property. However, the property not clear who belongs to any of the married couple is presumed to be jointly owned by the married couple. Meanwhile, pursuant to Article 190 of the Civil Execution Act, corporeal movables owned by the debtor and his/her spouse as co-ownership and possessed by the debtor or jointly possessed by the spouse may be seized pursuant to Article 189 of the same Act. The above provision shall also apply mutatis mutandis to co-owned corporeal movables owned by the married couple in a de facto marital relationship without only filing a marriage report (see Supreme Court Decision 97Da34273, Nov. 11, 1997).