1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

The Plaintiff’s assertion was divorced from the Plaintiff on July 4, 2002, and thereafter, the Plaintiff, along with two children, resides in D apartment and E (hereinafter “D apartment”). Since each movable in the attached list in the instant D apartment (hereinafter “instant movable property”) is owned by the Plaintiff, the Defendant’s compulsory execution against C against the instant movable property pursuant to the Seoul Central District Court Decision 2019Da1821917 decided July 26, 2019 (hereinafter “instant judgment”).

Defendant C resided together with the Plaintiff even after the divorce between the Plaintiff and the Plaintiff, and F, a child of C and the Plaintiff, did not raise any objection despite the presence at the time of seizure execution of the instant movable property. The instant movable property is jointly owned by the Plaintiff and C.

Judgment

Article 830(1) of the Civil Act provides that the property acquired in one’s own name and the property acquired in one’s own name and in one’s marriage before marriage (Article 830(1) of the Civil Act), and the property, the identity of which belongs to either husband or wife, shall be presumed to be co-ownership by the husband or wife (Article 830(2) of the Civil Act). In addition, a movable owned by a debtor and his/her spouse as co-ownership of one’s spouse or jointly possessed by the debtor or his/her spouse may be subject to seizure of movable property pursuant to Article 189 of the Civil Execution Act (Article 190 of the Civil Execution Act). The above provision applies by analogy to the jointly owned movable property of a couple in a de facto marital relationship (see Supreme Court Decision 97Da34273, Nov. 11, 1997).

Comprehensively taking account of the overall purport of the arguments, the Plaintiff filed a divorce report with C on July 4, 2002, and ② The Plaintiff resided with C in the G building H of the Manyang-gu Seoul Metropolitan City at the time of the said divorce, and the Plaintiff was living with C on December 20, 2003, and was on December 20, 2003.