제3자이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff asserts that since the articles listed in the separate sheet are owned by the plaintiff, compulsory execution against D and the company of this case based on the executive title of this case shall not be allowed.
The burden of proving that the object of compulsory execution in a lawsuit by a third party is owned by the plaintiff is the plaintiff.
Only the descriptions of Gap evidence Nos. 1 through 5 (including each number) are insufficient to regard that the goods listed in the attached Form are owned by the plaintiff, and there is no other evidence to acknowledge it.
Even if the Plaintiff’s assertion that the attached list was purchased with the Plaintiff’s retirement allowance, it is difficult to conclude that the attached list was not owned by the instant company or D, but owned by the Plaintiff, in full view of the following circumstances: (a) D is the Plaintiff’s wife; (b) D is the representative director in the corporate register of the instant company; (c) the Plaintiff was registered as an internal director; and (d) the instant company is a company actually operated by the Plaintiff’s husband and wife; and (e) the attached list appears to have been used in the location of the principal office of the instant company (Hadong-gun E is the same address as F).
3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim of this case is without merit.