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1. The Defendant’s original copy of the payment order with executory power in the loan case No. 2013j11, Seoul Northern District Court Decision 2013Da1611 against C.
Reasons
1. Basic facts
A. On May 18, 2016, the Defendant seized each movable (hereinafter “instant movable property”) indicated in the attachment list in the attached Form No. 22, Dong-dong 801 (hereinafter “instant apartment”) in Seoul Special Metropolitan City, Gwangjin-gu, Seoul Special Metropolitan City (hereinafter “instant apartment”) with the title of execution of the payment order for the loan loan case No. 2013 tea 1611, Seoul Northern District Court 201.
(Seoul Eastern District Court 2016No1187). (b)
As a result of C’s fraud, the Plaintiff is living together with the Plaintiff’s wife E and children, head F, and head C (a divorce with F and resident registration is indicated as residing in Gangnam-gu Seoul Metropolitan Government G on August 17, 2016) in the instant apartment.
[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 4 (including each number), the purport of the whole pleadings
2. The plaintiff asserts that this case's movable property is purchased by the plaintiff and it is owned by the plaintiff, so compulsory execution should not be allowed.
In full view of the overall purport of the arguments in the statement Nos. 7 and 8 of this case, HDTV listed in the Attachment List No. 8 among the instant movables on April 6, 201, and HDTV listed in the Attachment List No. 9 of the instant movables on November 16, 2009 can be recognized that each Plaintiff purchased on November 16, 2009. Therefore, it is reasonable to view each of the movables listed in the above Nos. 8 and 9 as the movables owned by the Plaintiff.
However, since the Plaintiff failed to submit evidence to deem that the Plaintiff purchased the remaining movables except the movables Nos. 8 and 9 above, the Plaintiff’s assertion on this part is rejected.
Therefore, since the attached list Nos. 8 and 9 among the instant movables owned by the Plaintiff, the Defendant’s aforementioned movables owned by the Plaintiff, based on the executory payment order of the loan case No. 2013 tea 1611 against Seoul Northern District Court (Seoul Northern District Court), the attached list No. 8 and 9 of May 18, 2016.