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(영문) 수원지방법원성남지원 2019.05.17 2018가단239638
제3자이의
Text

1. The Defendant rendered a judgment with the executory power over the loan case of Suwon District Court 2015Kadan24750, Sungnam Branch, Sungnam Branch.

Reasons

1. Basic facts

A. On December 4, 2018, the Defendant, based on the executory exemplification of the loan case of the Suwon District Court 2015Kadan24750, Sungnam Branch, Sungwon District Court 2015Kadan24750, the Defendant seized each of the corporeal movables listed in the separate sheet D and E as the Suwon District Court 2018Da30355.

B. C around October 30, 2018, around October 30, 2018, filed a move-in report with the said apartment.

[Reasons for Recognition] Uncontentious Facts, Entry of Gap evidence 1, purport of whole pleadings

2. Comprehensively taking account of the respective descriptions of evidence Nos. 2 through 10 and the purport of the entire pleadings, the Plaintiff’s purchase of corporeal movables listed in the separate sheet from February 12, 2018 to November 24, 2018 can be acknowledged.

On the other hand, although C along with the Plaintiff’s resident registration, it is difficult to deem that the Plaintiff and C had the substance of a marital community with the intention of marriage solely on the ground that C along with the resident registration, and the resident registration card submitted by the Defendant alone cannot be readily concluded as having a de facto marital relationship with the Plaintiff, and there is no evidence to acknowledge it differently in the record.

Thus, since each of the above corporeal movables is owned by the plaintiff, the defendant's part corresponding to the compulsory execution on December 4, 2018 is illegal as against the property owned by another person, so it shall be dismissed.

(4) However, the evidence submitted by the Plaintiff alone is not sufficient to recognize the number 3 sports organization as the goods owned by the Plaintiff among the corporeal movables listed in the attached list, and there is no other evidence to acknowledge it). 3. Conclusion, the claim of this case is accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit. It is so decided as per Disposition

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