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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Defendant seized each of the movables listed in the separate sheet (hereinafter “each of the movables of this case”) on April 15, 2016, based on the executory exemplification of the judgment with the claim for reimbursement against B and C, the Seoul Central District Court 2010Kadan93118, as a whole, based on the purport of the entire pleadings and evidence A and B.
(U.S. District Court 2016No2264). 2. Claims of the parties and the judgment of this Court
A. (1) The Plaintiff’s assertion (1) directly purchased each of the instant movable property around May 2014 in order to give the Plaintiff’s claim for employment and divided children, but the Plaintiff’s children went out to a foreign country for three months to six months, which was the birther B’s request, and thus, the ownership of each of the instant movable property was leased to the Plaintiff.
(2) Although the execution officer of the Defendant’s counterclaim participated in the obligor C and seized each of the instant movables, C did not raise any objection, and the Plaintiff and B were mutually friendly, and the Plaintiff is deemed to have resided in a place other than the address of B and C, and thus, it should be deemed that the Plaintiff donated each of the instant movables to B.
B. (1) In full view of the purport of the entire pleadings and arguments in Gap 2-1, 2, and 3-1, 2, 2, and 4-1, 2, and 5-1 through 3 of Gap 2-1, 2, and 5-1, 2, and 5-1 through 3, and witness Eul’s testimony, the court may acknowledge the fact that the plaintiff purchased 834,890 won the same kind of 1 movable property and the same kind of 2 movable property from May 3, 2014, in order to allow the children who were employed and became divided into 307,930 won, and that the plaintiff purchased the same kind of 3 movable property as the instant 3 movable property from March 12, 2014 at KRW 785,060, and 7860 won, and May 6, 2014.
(2) However, the Plaintiff did not demand the return of each of the instant movables to B for a period of two years after the Plaintiff purchased each of the instant movables and used them to B, and even if the Plaintiff returned to the Republic of Korea from abroad, the instant movables still exist.