제3자이의
1. On the basis of the executory exemplification of the instant judgment rendered by the Daegu District Court 2017Gaso72182 against C, the Defendant is based on the executory exemplification of the instant judgment.
1. On December 6, 2018, based on the executory exemplification of the judgment of Daegu District Court 2017Gaso72182 against C, who is the Plaintiff’s spouse (hereinafter “instant judgment”), the Defendant executed a seizure execution for corporeal movables listed in the separate sheet Nos. 1, 2018, on December 6, 2018.
[Ground of recognition] A without dispute, entry of evidence No. 3, purport of the whole pleadings
2. Determination
A. Comprehensively taking account of the purport of the entire pleadings in the evidence Nos. 1, 2, 4, and 5 as a whole, the Plaintiff may recognize the fact that: (a) on May 4, 2009, the Plaintiff was awarded a successful bid for each of the corporeal movables listed in the attached Table Nos. 3, 6, and 9 among the corporeal movables listed in the attached Table No. 1 list in the procedures for a compulsory auction by official auction by the Daegu District Court; and (b) on February 16, 2017, each of the corporeal movables listed in the attached Table No. 1, 5 among the corporeal movables listed in the attached Table
Property acquired by one of the husband and wife in his/her own revenue and name is a sole ownership of the property acquired by him/her (Article 830(2) of the Civil Act). According to the above facts, the remaining corporeal movables other than shocks No. 2, No. 4, and No. 10, among corporeal movables listed in the separate sheet No. 1, shall be deemed to be the Plaintiff’s sole ownership of the property purchased by the Plaintiff. Thus, the Defendant’s compulsory execution against the said corporeal movables on December 6, 2018 shall be dismissed as it infringes the Plaintiff’s ownership.
B. Meanwhile, in order to reverse the above legal presumption, the party asserting it must prove. The corporeal movables jointly possessed by the debtor and his spouse, which are possessed by the debtor or jointly possessed by his spouse, may be seized, as co-ownership of the debtor and his spouse, are presumed to be co-ownership by the couple (Article 830(2) of the Civil Act).
(Article 190 of the Civil Execution Act). The plaintiff is a number among the corporeal movables listed in the attached Table 1 list.