1. The plaintiff's claim is dismissed.

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

Facts of recognition

The plaintiff and C are married couple in 1973, and they also live together in the Doo-si, Dao-si, Mao-si, Ma.

On July 31, 2018, based on the executory payment order in the loans case No. 2017Hu7733, the Jinwon District Court of Jincheon-si, Jincheon-si, the Defendant enforced enforcement against each movable property listed in the separate sheet in the above apartment case.

【In the absence of dispute, the Plaintiff purchased the Plaintiff’s income during the period from 200 to 2015, since the Plaintiff purchased the Plaintiff’s income during the period from 200 to 2015, the Plaintiff’s possession of each of the movables indicated in the Plaintiff’s respective statements, the purport of Gap’s evidence No. 1, and No. 3-1 to 4, and the purport of the entire argument by the Plaintiff.

Therefore, a compulsory execution against the instant corporeal movables based on the original copy of the above payment order against C is unlawful.

Judgment

Pursuant to Article 830(1) and (2) of the Civil Act, the property acquired by one of the married couple’s own property prior to marriage and the property acquired in his/her own name in his/her own name shall be deemed to be the sole ownership of the property acquired with the special property. However, unless there is any proof that the living tools and tools in his/her joint residence are the special property of one of the obligors, it shall be presumed to be the property of either of the obligors and the co-ownership of which belongs to any one of the obligors (Article 830(1) and (2) of the Civil Act). Moreover, corporeal movables jointly possessed

(Article 190 and Article 189 of the Civil Execution Act). The corporeal movables in this case are furnitures and household electric appliances necessary for the community life of families, and their ownership cannot be known, unlike real estate, automobiles, deposits, etc., so they are presumed to be co-owned property of both spouses.

Furthermore, the Plaintiff and C jointly occupy the instant corporeal movables at their residence.