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1. The original executory exemplification of the judgment rendered by the Defendant in Changwon District Court 2014Gau21619 against C.
Reasons
1. The following facts may be acknowledged in full view of the following facts: (a) there is no dispute between the parties; or (b) the statements or images of Gap 1 through 3; and (c) the fact inquiry results to the Busan District Court enforcement officer and the purport of the entire pleadings.
Based on the judgment of the Changwon District Court 2014Gau21619 (hereinafter “instant enforcement title”), the Defendant, who is the Plaintiff’s husband, carried out a compulsory execution (hereinafter “instant compulsory execution”) on May 19, 2016, by attaching each corporeal movables listed in the separate sheet No. 101, Dong 101, Dong 803, the Changwon District Court 2016 (hereinafter “instant enforcement title”).
B. Meanwhile, under the notarial deed No. 2009No. 1592, C, a creditor of C, performed compulsory execution by seizing each of the corporeal movables listed in the separate sheet No. 3 through 5, 10, 12, and 13 (hereinafter “instant movables”), and the Plaintiff paid the sales proceeds by winning a successful bid on January 28, 2010 in the compulsory execution procedure.
2. The judgment and the spouse co-ownership of corporeal movables possessed by the debtor or jointly possessed by the debtor's spouse can be seized (Article 190 of the Civil Execution Act), and the property whose belongs to anyone of the married couple is presumed to be co-owned by the married couple, but the property acquired by one of the married couple's own name and the property acquired by one of the married couple's own name during marriage shall be deemed to be its unique property (Article 830 of the Civil Act). According to the above facts, the movable property of this case was co-owned by the plaintiff and C, who is the married couple, and became the plaintiff's proprietary property by acquiring its ownership through
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Therefore, the ownership of the instant movable at the time of the enforcement of the instant movable thereafter C.