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(영문) 인천지방법원부천지원 2015.11.20 2015가단15506
제3자이의의소
Text

1. The Defendant’s notary public against C is a notarial deed with the executory power of No. 2014 No. 408 of the No. 2014.

Reasons

1. Facts of recognition;

A. On August 22, 2014, the Plaintiff completed a move-in report with Kimpo-si D, 507 Dong 206 (hereinafter “instant apartment”), and resided around that time. C filed a marriage report with the Plaintiff on December 5, 2014, and completed the move-in report on the instant apartment on January 2, 2015.

The method of purchasing movable assets in the name of the laund on July 4, 2010, on or around 18, 201, the laund on the laund on October 25, 2013, on or around 18, 201, the cash laund on a TV credit card, on December 14, 2013 (one laund on December 27, 2014), issued on July 10, 201 and the cash laund on July 10, 2014 (one laund on July 111, 2014, the laund on a credit card, the cash laund on August 21, 2014, the cash laund on July 24, 2014, the cash laund on July 15, 2014, the cash laund on the laund on August 21, 2014;

B. The Plaintiff purchased each of the movables Nos. 1, 2, 3, 5, 6, 7, 9 through 15, 17, and 18 of the [Attachment List Nos. 1, 2, 3, 5, 6, 7, 9 through 15, 17, and 18 (hereinafter “instant movables”).

C. On the basis of an executory deed No. 2015 No. 408, the Defendant filed an application for compulsory execution under this Court’s 2015No. 1726 by a notary public against C, the Plaintiff’s spouse, on June 2, 2015, the execution officer affiliated with this Court conducted the execution of the seizure of corporeal movables against 18 movables, including the instant movable property in the instant apartment, as shown in the attached attachment list.

[Grounds for recognition] The entry of Gap evidence Nos. 1 and 12, and the purport of the whole pleadings

2. Determination is based on the following facts: (a) the proprietary property owned by one side of the married couple prior to marriage and the property acquired in one side’s own name during marriage shall be the unique property; and (b) the property whose husband and wife belongs to is presumed to be jointly owned by the married couple (Article 830 of the Civil Act); and (c) according to the above facts, the movable property in this case may be recognized as purchased at the Plaintiff’s

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