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(영문) 대전지방법원 2016.11.10 2016가단8470
제3자이의
Text

1. On the basis of the executory exemplification of the case in Seoul Southern District Court 2015Ka-10219 against Nonparty B, the Defendant is based on the executory exemplification of the case in Seoul Southern District Court.

Reasons

The Defendant’s execution of the seizure of corporeal movables against Nonparty B on February 24, 2016 based on the executory exemplification of the Seoul Southern District Court case 2015Kababa10219 case against Nonparty B. The Plaintiff and B reside in Sejong Special Self-Governing City C, 2005 Dong 1901, which was executed by the above seizure as a couple’s relationship, and the fact that the movables in the attached list were detained is either disputed between the parties or acknowledged by the purport of the entry of the evidence No. 1 and the entire pleadings.

If it is not clear who is the husband or wife's ownership, the defendant is presumed to be the co-ownership of the husband or wife as recognized by the defendant. Therefore, the execution of seizure for the whole property without using the method of seizing the shares, etc. based on the name of the husband or wife's debt.

Therefore, the execution of seizure against movables listed in the attached list by the defendant should not be permitted.

Thus, the plaintiff's claim of this case is accepted on the ground of the reasons.

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