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1. The Defendant’s executory exemplification of payment orders issued by the Seoul Central District Court on March 21, 2016, 2016.
Reasons
1. Basic facts
A. 1) The Plaintiff and B are married couple. 2) The Plaintiff live in Suwon-si, Suwon-si C 211 Dong 1702 (hereinafter “instant apartment”).
3) The Plaintiff and B are at least two years. B. The Defendant applied for a payment order to B and received a payment order under the Seoul Central District Court 2016 teab.81073 on March 21, 2016. C. The Defendant based on the payment order as to the foregoing apartment on December 8, 2016, as indicated in the attached list, such as furniture and household appliances in the instant apartment (hereinafter “instant goods”).
A. [Ground for recognition] A. 2 (including a serial number, the purport of the entire pleadings)
2. In full view of the following legal provisions, the facts as seen earlier, the evidence as seen earlier, and the following circumstances acknowledged by Gap evidence Nos. 1, 3, and 5, the instant article is acknowledged as owned by the plaintiff.
Therefore, compulsory execution against the goods of this case by the defendant is not a debtor B but a thing owned by the plaintiff.
(1) Article 830 of the Civil Act provides that “The proprietary property owned by one side prior to marriage and the property acquired in one side’s own name during the marriage shall be the unique property, and the property which belongs to anyone of the married couple is not clear shall be presumed to be the co-ownership of the
② The instant article is an article located in the apartment of this case where the Plaintiff resides, and if it was purchased after the Plaintiff was separated from the Plaintiff, it seems that it is the Plaintiff’s unique property acquired in the name of the Plaintiff.
③ The Plaintiff appears to have no particular income as a full-time supervisor at the time of living together with the Plaintiff. The Plaintiff submitted the details of the use of a number of card in its name, which was used in selling household appliances, furnitures, etc., and the Plaintiff may keep specific data on each item of the instant goods.