1. The Defendant’s enforcement of the Incheon District Court Branch Decision 2015 Ghana6520 dated March 27, 2015.

1. Facts of recognition;

A. On May 8, 2015, based on the original copy of the decision on performance recommendation entered in the order written by the Defendant filed a lawsuit against C, the Defendant completed the attachment execution (In Incheon District Court Decision 2015Du1376) on the movable property listed in the separate sheet (hereinafter “instant movable property”).

B. The Plaintiff, as a child of C, leased an apartment and resides together with C. The instant goods are household appliances, household appliances, etc. located in the apartment complex in which the Plaintiff and C reside.

C. The Plaintiff and family members, including C, have kept and used the instant goods in the ward and room, but the instant goods were purchased with their own funds.

[Ground of recognition] Facts without dispute, Gap 1-7 evidence (including virtual number), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the owner of the instant article can be deemed as the Plaintiff.

In other words, in light of the relationship between the Plaintiff and C and the place of keeping the instant goods, even if the Plaintiff acquired the instant goods with its own funds, it cannot be said that there is no room for the Plaintiff to donate them to C and use them. However, even among the members living with a family, the ownership of the goods is in principle attributable to an individual member, and considering the circumstances such as the source of funds for acquisition as seen earlier, the owner of the instant goods is bound to be the Plaintiff.

B. Therefore, the subject matter of the compulsory execution is not the debtor on the title of execution, and thus, the plaintiff has a title to seek the exclusion of the execution of the subject matter.

3. As above, it is reasonable to accept the Plaintiff’s claim on the same ground as the conclusion, and in light of the circumstances leading up to the execution of seizure, the process of the instant lawsuit, etc., the costs of lawsuit are to be borne individually.