1. On January 2018, 2018, the Defendant issued an executory payment order against C by Seoul Northern District Court 2015 tea 4581.

Basic Facts

On January 17, 2018, based on the executory order of the Seoul Northern District Court 2015 tea4581, the Defendant conducted a seizure execution (hereinafter “instant compulsory execution”) on C’s corporeal movables listed in the separate sheet No. 1312 and No. 1201 (hereinafter “instant corporeal movables”) at the time of the Plaintiff’s residence.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and the plaintiff's assertion to the purport of the whole pleadings, the plaintiff alleged that the corporeal movables of this case are objects owned by the plaintiff, and the defendant asserted that the corporeal movables of this case are objects jointly possessed by the plaintiff and C in a de facto marital relationship.

Judgment

Comprehensively taking account of the overall purport of the arguments as indicated in the evidence Nos. 3 through 8, C filed a move-in report on resident registration on October 26, 2016, which is the place where the instant compulsory execution was conducted, by Sungnam-gu, Sungnam-si, Seoul, and 1312 Dong 1201, which is the place where the instant compulsory execution was conducted. If the residence was transferred on October 30, 201, the compulsory execution of the instant case, the Plaintiff filed a move-in report with the head of the Fdong on resident registration. The Plaintiff married with C on April 20, 1974 and maintained a marital relationship until now. The Plaintiff’s move-out house on April 20, 197, D apartment and 1312 Dong 1201, which is the place where the instant compulsory execution was conducted, are leased from the Korea Land and Housing Corporation on March 24, 2009, and it is difficult to view that the instant movable property is jointly owned by the Plaintiff and C in a de facto marriage.

The plaintiff's claim of this case is accepted on the ground of the reasons.