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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. A. Around March 10, 2014, the Defendant seized each of the items listed in the Attachment List No. 2014No. 2012Ga25558 against C based on the executory exemplification of the judgment in Suwon District Court Decision No. 20158, Suwon-si D, 1505 Dong 804, which was attached by the Suwon District Court No. 2014.
B. The plaintiff as the wife of C is residing together with C in the above apartment house.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. Since articles listed in the attached list 1, 3, 7, and 10 of the Plaintiff’s assertion are unique property acquired by the Plaintiff in its name, compulsory execution against each of the above articles shall be dismissed.
B. The property acquired by one of the married couple in his/her name during the marriage is its unique property (Article 830(1) of the Civil Act); however, the property whose identity belongs to any of the married couple is presumed to be jointly owned by the married couple (Article 830(2) of the Civil Act); and the corporeal movables jointly possessed by the debtor and his/her spouse, which are jointly owned by the debtor or jointly possessed by the spouse, may be seized.
(1) Article 190 of the Civil Execution Act (Article 190 of the Civil Execution Act). In this case, according to the purport of evidence No. 1 to No. 2-1 to 5 of the evidence No. 2, each of the items listed in the attached Table No. 1, 3 through 7, and 10 is acknowledged as having been purchased by the Plaintiff with a credit card in the name of the Plaintiff or by transfer from the Plaintiff’s account under the Plaintiff’s name. Meanwhile, each of the above items is a television, cooling machine, washing machine, computer, lapter, which is jointly used for the daily life of the entire family members. The Plaintiff and C purchased each of the above items as a husband and wife during their marital life and jointly occupied them, and only the Plaintiff had property or income at the time of purchasing each of the above items, and it is not enough that C had no property or income at all.