logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원순천지원 2020.01.30 2019가단4360
제3자이의
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On June 27, 2019, the Defendant, based on the original copy of the judgment stated in the purport of the claim against D, attached each of the articles listed in the Gwangjin-si F apartment and the attached Form No. G, which is the domicile of D, to this court E (hereinafter “instant corporeal movables”).

B. The plaintiff is the spouse married with D and is residing in the above seizure execution place (hereinafter "the apartment of this case").

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion has repeatedly livedd with D as an economic problem, and since the corporeal movables of this case were purchased by the plaintiff, the defendant's compulsory execution against the above corporeal movables should not be permitted.

B. Ccorporeal movables under a co-ownership of the judgment debtor and his spouse, which are possessed by the debtor or jointly possessed with his spouse, may be seized.

(Article 190 of the Civil Execution Act). Meanwhile, the property acquired by one side of the married couple in his/her own name and the property acquired in his/her own name during the marriage shall be considered as the property unique to him/her (Article 830(1) of the Civil Act). Any property the ownership of which is unclear to

(2) Article 830(2) of the Civil Act provides that “The Plaintiff shall return to the instant apartment, and shall take into account the following circumstances, i.e., the Plaintiff’s spouse and the marital relationship is maintained,” and “D shall move to another domicile in the same Si from July 3, 2012 to November 21, 2014.” On July 20, 2015, he/she re-transfered to the instant apartment and re-transfer to another domicile in the same Dong only after the instant lawsuit was filed on September 23, 2019, and even according to the Plaintiff’s assertion, D and the Plaintiff shall jointly move to the same Si on December 3, 2013.

arrow