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1. The Defendant’s executory exemplification of the Seoul Central District Court Decision 2011Da38729 Decided September 8, 201 with D.
Reasons
1. On July 17, 2019, the Defendant applied for compulsory execution of corporeal movables to Gwangju District Court E with an executory exemplification of the judgment stated in paragraph (1) of the Disposition against D, and on July 17, 2019, the Plaintiff’s address (hereinafter “instant apartment”) conducted compulsory execution (hereinafter “instant compulsory execution”).
The plaintiff married with D on January 23, 198, but was married on June 13, 2013.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 7, 8, 9, and the purport of the whole pleadings
2. Determination as to the cause of action
A. In the case where a third party has the right to prevent ownership or transfer of, or transfer to, the subject matter of execution against the third party, a lawsuit seeking the exclusion of enforcement by raising an objection against a compulsory execution that is in violation of the attached list Nos. 1, 2, 5, 7, 9, 10, 11, 12, 15, and 17, the burden of proving that the subject matter of execution is owned by the plaintiff or has the right to prevent transfer or transfer to the plaintiff.
However, there is no evidence to prove that the Plaintiff did not submit any evidence as to the above goods, and there is no right to prevent the Plaintiff from transferring or transferring the above goods.
B. According to the purport of the evidence Nos. 3, 4, 14, and 16 in the separate attachment list No. 5 and the purport of the entire pleadings, the F Co., Ltd. applied for compulsory execution of corporeal movables to G District Court on the basis of executory exemplification of the judgment No. 2006Gadan52988 Decided July 12, 2007 against D, and on October 19, 2007, the F Co., Ltd. attached 3, 4, 14, and 16 attached list No. 3, 4, and 16 attached seizure list to seize corporeal movables, such as discal cooling, Samsungchi cooling, Samsungchi air conditioners, and Emina, and so on. As it can be acknowledged that the Plaintiff purchased them, each of the items listed in the attached attachment No. 3, 4,