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1. The Defendant’s original decision on performance recommendation with executory power of the Incheon District Court Branch 2016 Ghana27210 against D.
Reasons
1. In addition to the statements in Gap evidence Nos. 1, 2, and 5 of the basic facts, the defendant completed the seizure execution (hereinafter "execution of the seizure of this case") for each corporeal movable property (hereinafter "each of the movable property of this case") listed in the separate sheet in the Nam-gu Incheon District Court E on February 20, 2020, the Incheon District Court E on the basis of the original copy of the execution recommendation decision with executory power of Nos. 2016 A, 27210 of the Incheon District Court of Incheon District Court, which delegated the execution of seizure to the execution officer on the basis of the original copy of the execution recommendation decision with executory power of No. 2010 of D, and the plaintiff A and D are living together in the apartment of this case.
2. The Plaintiffs asserts that the execution of the instant seizure of each of the instant movables ought to be denied due to the following reasons. A.
Plaintiff
A The movable property of this case 1 to 8 is the property owned by the plaintiff A purchased by the plaintiff.
B. Each movable property of the Plaintiff B, 9 through 11, is a thing purchased by the Plaintiff B or a thing futuresed by the Plaintiff A.
3. Determination
A. The burden of proving that Plaintiff A’s claim portion constituted the Plaintiff with the ownership of the subject matter of compulsory execution in the lawsuit of demurrer against the third party is the Plaintiff who filed the lawsuit.
Article 190 of the Civil Execution Act provides that " Ccorporeal movables under the co-ownership of the debtor and his/her spouse, which are possessed by the debtor or jointly possessed by the debtor with his/her spouse, may be seized pursuant to the provisions of Article 189." As to whether the movables of this case 1 through 8 are objects owned by the plaintiff A alone.
However, Article 830(2) of the Civil Act provides that "any property whose father belongs to shall be presumed to be co-ownership by the husband and wife." Article 833 of the Civil Act provides that "the property of which father and wife is not certain shall be presumed to be co-ownership by the husband and wife