1. The plaintiff's claim is dismissed.

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

1. The following facts may be acknowledged by integrating the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 3.

The Defendant filed a payment order against C seeking the return of the lease deposit amount of KRW 36,000,000 with the Gwangju District Court Decision 2014Da394, and was issued a payment order on March 13, 2014, and the above payment order was finalized on April 1, 2014.

B. On August 29, 2014, on the basis of the executory exemplification of the above payment order, the Defendant seized each of the corporeal movables indicated in the separate sheet No. D, 106 Dong-dong 802 (hereinafter “instant apartment”).

2. The plaintiff's assertion and judgment

A. On March 17, 201, after the Plaintiff’s divorce, the Plaintiff: (a) leased the instant apartment and resided together with his children; and (b) C was found in the instant apartment while teaching with the Plaintiff; (c) therefore, the instant corporeal movables in the instant apartment are owned by the Plaintiff.

Therefore, the defendant's compulsory execution against the corporeal movables of this case shall not be permitted.

B. (1) A lawsuit of demurrer by a third party is sought to exclude the subject matter of execution already commenced by asserting ownership and other rights to prevent transfer or delivery of the subject matter of execution. The burden of proof as to the grounds for objection, i.e., the Plaintiff’s burden of proof as to whether the subject matter of execution has ownership and other rights.

(2) According to the health stand, Gap evidence No. 2, as to the instant case, it is acknowledged that C had existed in the instant apartment at the time of seizure of the instant corporeal movables, and according to the written evidence Nos. 5 and No. 2, C made a move-in report to Seo-gu, Gwangju, which is the Plaintiff’s domicile on May 28, 2009, and thereafter, the Plaintiff and C completed the move-in report to the instant apartment on March 17, 201.