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(영문) 대구지방법원 서부지원 2018.07.11 2018가단50120
제3자이의
Text

1. Based on the final and conclusive protocol of compromise in the loan case No. 2010Na21557 against C by the Defendant, the Daegu District Court 2017.

Reasons

1. Basic facts

A. Based on a final compromise in the loan case No. 2010Na21557 against C, the Defendant filed an application for compulsory execution against each of the instant corporeal movables listed in the separate sheet (hereinafter collectively collectively referred to as “instant corporeal movables”) with the Daegu District Court Branch Branch Branch of 2017No2083, and the execution officer of the said court seized the said corporeal movables on December 28, 2017 (hereinafter “instant compulsory execution”).

B. The plaintiff and C are legal couple.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 4 (including branch numbers, if any; hereinafter the same shall apply), Eul evidence 2, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant corporeal movables purchased the Plaintiff’s money, not C’s ownership.

Therefore, the compulsory execution of this case shall not be permitted.

B. (1) First of all, in light of Article 830(1) of the Civil Act and Article 830(1) of the Civil Act, it is reasonable to see that the above evidence, evidence No. 8, and the whole purport of the arguments and arguments are unique property acquired by the Plaintiff in its own name at its own expense.

Dor, on the other hand, we examine the corporeal movables listed in the attached list No. 14 except the above corporeal movables.

Ccorporeal movables under a co-ownership of the debtor and his/her spouse, which are possessed by the debtor or jointly possessed by the debtor with his/her spouse, may be seized (Article 190 of the Civil Execution Act), and any property whose belongs to anyone of the married couple is not clear shall be presumed joint ownership by the married couple (Article 830(2) of the Civil Act). In the absence of any special agreement between the

(Article 833 of the Civil Act). In light of the above legal principles, the above corporeal movables were mainly used at home and purchased at home’s own expense.

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