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(영문) 부산지방법원 2015.09.17 2015가단18462
제3자이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Defendant filed an application for compulsory execution of corporeal movables (hereinafter “instant corporeal movables”) recorded in the separate sheet held in Busan District Court C and 111-2106 (hereinafter “instant corporeal movables”) with the Busan District Court based on the executory exemplification of a judgment with respect to the Plaintiff’s spouse B’s corporeal movables (hereinafter “instant corporeal movables”) on March 10, 2015, based on the Busan District Court’s 2014Gada652197’s executory judgment with respect to the transfer money case of the Plaintiff’s spouse B. The fact that the execution officer seized the said corporeal movables kept in the said address on March 10, 2015 is no dispute between the parties.

2. The plaintiff's assertion and judgment

A. The plaintiff, the spouse of B, was sent out at the 10-year domicile, and was in a separate state from that time. Since the plaintiff purchased the corporeal movables of this case, the above corporeal movables are all owned by the plaintiff.

Therefore, the compulsory execution of this case should not be permitted.

B. The written evidence Nos. 4, 5, and 6 alone is insufficient to acknowledge that the Plaintiff purchased the instant corporeal movables, and as long as there is no other evidence to acknowledge it, the said corporeal movables are presumed to be co-ownership with the Plaintiff.

Therefore, the defendant's compulsory execution on the above corporeal movables is justifiable.

The plaintiff's assertion is without merit.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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