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(영문) 수원지방법원성남지원 2019.11.13 2019가단212593
제3자이의
Text

1. The Defendant’s enforcement of the Seoul Central District Court Decision 2013Da41149 Decided August 21, 2014 with respect to Nonparty C.

Reasons

1. Facts of recognition;

A. On February 23, 2018, the Plaintiff: (a) leased from Nonparty D in Sungnam-si E and F; (b) purchased an electronic siren (I) No. 2 on March 7, 2018, listed in the [Attachment 1, 3, and 5] attached Table 1, 3, and 5 on February 26, 2018; (c) from the G in charge of the settlement of accounts for TV and washing machine; and (d) on February 6, 2018, from H, one of the regular air conditioners listed in Annex 12 attached Table 12 attached hereto.

On the other hand, on February 28, 2018, Nonparty C purchased shocks, 7, 9, and cremations by settling them with the Plaintiff’s national card.

B. The Plaintiff completed the marriage report on November 26, 2018 with C and the Plaintiff, and subsequently completed the move-in report at the same domicile.

C. Based on the executory exemplification of the judgment of Seoul Central District Court 2013Kadan4149, the Defendant applied for a seizure of corporeal movables in the above Sungnam-gu E and F, Sungnam-si, and the enforcement officer affiliated with this court upon whom the enforcement was delegated, seized each of the corporeal movables in the attached list in the above address.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, 9 through 13, Eul evidence 1 and 2, the purport of the whole pleadings

2. The plaintiff asserts that the defendant's compulsory execution against each corporeal movable property listed in the separate sheet, which is the specific property owned by the plaintiff or a siren owned by a third party, should be denied.

Ccorporeal movables under a co-ownership of the debtor and his spouse, which are possessed by the debtor or jointly possessed with his spouse, may be seized (Article 190 of the Civil Execution Act). The above provision shall also apply mutatis mutandis to co-owned corporeal movables in a de facto marital relationship

In addition, the proprietary property owned by one side of the married couple prior to marriage and the property acquired in one’s own name during the marriage shall be the unique property (Article 830(1) of the Civil Act), and the property whose marital identity belongs to anyone of the married couple shall be presumed to be co-ownership

(Article 830, Section 2 of the Civil Code).

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