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(영문) 서울중앙지방법원 2017.12.14 2017가단5189921
제3자이의
Text

1. The original copy of a notarial deed with the executory power of 2017No. 139 of the Djoint Law Office by the Defendant against C.

Reasons

1. Facts of recognition;

A. On September 26, 2017, the Defendant seized each movable property listed in the separate sheet No. 204 of the building E in Seoul Jung-gu, Jung-gu, Seoul based on the authentic copy of the authentic deed stated in the order.

B. The plaintiff and C had been actually married under the above 204, but did not report the marriage.

The Plaintiff and C jointly occupied and used each of the above movables in their daily lives.

C. Of each movable property listed in the separate sheet, one air conditioners and one Twelves, among the movable property listed in the separate sheet, were acquired in the name of the Plaintiff, and there is no data on the acquisition of the design (written 6) and one Lwelves (written 6).

[Evidence Evidence] Uncontentious Facts, Gap 1-4, Eul 1, the purport of the whole pleadings

2. Article 830(1) of the Civil Act provides that “The property that one side of the father has prior to marriage and the property acquired in his/her own name during marriage shall be the unique property,” and Article 830(2) provides that “The property whose father belongs to any of the father shall be presumed to be the co-ownership of the husband and wife.

Article 190 of the Civil Execution Act provides that " Ccorporeal movables, as co-ownership of the debtor and his/her spouse, possessed by the debtor or jointly possessed by the debtor with his/her spouse may be seized pursuant to the provisions of Article 189." The above provision also applies by analogy to co-owned corporeal movables owned by the couple in a de facto marital relationship where they have the substance of a marital community and do not report the marriage (see Supreme Court Decision 97Da34273, Nov. 11, 1997). 3. As seen earlier, among each movable property listed in the separate sheet as shown in the separate sheet, 1st and 2nd 1st tyre (Thokbrid) among each movable property listed in the separate sheet, shall be deemed as the property acquired in the plaintiff's name and presumed as the plaintiff's unique property, and there is no materials to acquire them as co-owned property of the plaintiff and C.

In this regard, the defendant has borne the price for each movable property listed in the attached list by C. C.

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