Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On June 10, 2015, the Defendant issued a final payment order against C in the Seoul Southern District Court case No. 2007 tea8624, with the enforcement title, the Seoul Southern District Court rendered a ruling of seizure of corporeal movables by the Gwangju District Court No. 2015No2532. On June 10, 2015, the executing court executed seizure of the movables listed in the attached attachment list (hereinafter “instant movables”).
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. Since the instant movable property attached by the Plaintiff’s assertion is not owned by C, but owned by the Plaintiff, the attachment execution of the instant movable property ought to be denied.
B. In light of the following circumstances acknowledged in light of the following: (a) the Plaintiff’s spouse is the Plaintiff’s spouse; (b) the fishing time at which the instant movable was located before changing its business registration under the name of the Plaintiff was operated; and (c) there was no evidence that the Plaintiff purchased the instant movable from the Plaintiff’s funds, the evidence submitted by the Plaintiff alone is insufficient to acknowledge that the instant movable is the Plaintiff’s ownership; and (d) there is no other evidence to acknowledge this, and thus, the Plaintiff’s assertion is not reasonable.
3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.