logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 순천지원 2018.08.16 2017가단11906
제3자이의
Text

1. The Defendant’s notary public against C has the executory power of Law Firm South-do General Law Office No. 765, 2016.

Reasons

1. Facts of recognition;

A. On December 14, 2017, based on the authentic copy of the notarial deed No. 765 of the South-do General Law Office Certificate (No. 765) No. 765, the Defendant conducted attachment execution of C’s corporeal movables listed in the separate sheet No. 110 Dong 703 (hereinafter collectively “instant movables”).

(hereinafter “instant compulsory execution”). B.

Among the movables in this case, the living room, sopha, and table table (including five chairs) among the movables in this case are purchased by the plaintiff around March 27, 2017 and around May 2017.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 5 (including paper numbers), the purport of the whole pleadings

2. Determination

A. According to Article 190 of the Civil Execution Act, corporeal movables owned by the debtor as co-ownership of the debtor and his spouse or jointly possessed by the debtor's spouse may be seized pursuant to Article 189 of the same Act, and the above provision shall also apply mutatis mutandis to co-owned corporeal movables owned by the married couple having a de facto marital relationship (see Supreme Court Decision 97Da34273, Nov. 11, 1997). Meanwhile, de facto marriage refers to a marital relationship between the parties, even though they have the intention to marry between themselves and have a substance of marital life that can be recognized as a marital life in terms of family order in terms of social norms, and even if they did not report a marital relationship, which is a formal requirement, even though they did not report a

Therefore, in order to consider a de facto marriage as a de facto marriage, there is insufficient circumstance that there is a simple marital relationship or a sporadic marital relationship between the parties, and there should be a subjective intention of marriage between the parties, and objectively there should exist a substance of marital life that can recognize a marital life in terms of social order and order

(See Supreme Court Decision 94Meu1584 delivered on March 28, 1995, and Supreme Court Decision 98Meu961 delivered on December 8, 1998, etc.) B.

The above facts and evidence are examined.

arrow