제3자이의
1. The Defendant has executory power over the purchase price of the goods in Daejeon District Court Branch 2013 Ghana9178.
1. Basic facts are as follows: (a) the Plaintiff was the wife of C; (b) the Defendant was based on the executive title of C as stated in paragraph (1) of this Article, and the fact that on December 26, 2014, the Plaintiff and C carried out compulsory execution on the instant goods jointly with the Plaintiff and C’s home of residence, does not conflict between the parties.
2. Summary of parties' assertion on the issues of the instant case
A. Whether the instant article is the Plaintiff’s unique property, or the property jointly owned with C
B. 1) The Plaintiff’s assertion is the Plaintiff’s unique property purchased by the Plaintiff. 2) The Defendant’s instant goods purchased as a couple’s common property at the time of the Plaintiff’s communal living between the Plaintiff and C, and thus, they are co-owned property of the Plaintiff and C.
Therefore, compulsory execution against the instant goods, which are public property C, is lawful.
3. Determination
A. According to the evidence No. 2, except for No. 2 electronic sirens among the instant articles, the Plaintiff purchased the said articles with credit cards and money under his/her name.
Therefore, it is reasonable to view that the above articles are the Plaintiff’s unique property under the Plaintiff’s name.
B. Of the instant articles, there is no evidence to prove that the Plaintiff purchased the said electronic siren in its own name.
On the other hand, the plaintiff asserted that C's electronic siren is its own peculiar property, since C's ownership was verified in the course of a lawsuit following compulsory execution conducted by another creditor.
According to the evidence evidence No. 3, D, who is another creditor of C, enforced enforcement against the Plaintiff and C’s home page, such as the above electronic siren, etc., and the Plaintiff filed a lawsuit of objection against the third party as the Suwon District Court, Ansan Branch, 2011Kadan23125, and during the above lawsuit, D’s ownership of the above electronic siren, etc. is confirmed to be the Plaintiff.
The plaintiff shall pay 1.5 million won to D, and D shall be above.