logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2016.11.10 2016가단15177
제3자이의
Text

1. On June 21, 2016, pursuant to the Daejeon District Court Decision 2015Gau4896 rendered by the defendant's Daejeon District Court for the defendant C, the Asan City Court of 2015Gau4896.

Reasons

1. The Defendant filed a lawsuit claiming monetary payment against C (the Daejeon District Court Decision 2015Gau4896, the Asan City Court 2015Gau4896) and was rendered a favorable judgment on November 2015.

On June 21, 2016, the Defendant filed an application for compulsory execution in accordance with the above judgment, and the enforcement officer affiliated with this court entered into the "Da, 102, Goyang-gu, Goyang-gu" and seized corporeal movables (hereinafter "the movables of this case") in the attached list in which they were located.

[Ground of recognition] Unsatisfy, Gap evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the main purport of the plaintiff's assertion is that the plaintiff is not related to C, but his/her father and his/her father together with C and his/her husband's wife's resident registration at his/her request, and the movable property of this case is owned by the plaintiff purchased.

As to this, the defendant asserts that the plaintiff is the spouse of C, the movable property of this case constitutes the joint ownership of the plaintiff and C.

B. According to the Plaintiff’s resident registration and the fact that C had resided in the Plaintiff’s residence, there is no dispute between the parties, and according to the Plaintiff’s evidence No. 1, this court’s enforcement officer may acknowledge the fact that C’s income return, the debtor’s residence, is confirmed.

However, comprehensively taking account of the overall purport of the pleadings, evidence Nos. 2-7, the Plaintiff did not have married with C, and even E, which completed the Plaintiff’s resident registration as the Plaintiff’s residence, is not the Plaintiff’s child, and the Plaintiff attempted to allow C and E to move his/her resident registration to a different place upon request from C by the Plaintiff, and as a compulsory execution was conducted by the Defendant, he/she immediately moved his/her resident registration to another place on June 22, 2016, the following day, and the fact that the Plaintiff kept the purchase receipt for part of the movable property of this case.

According to the above facts, it is reasonable to see that the movable property of this case is owned by the plaintiff, and C has completed resident registration in the plaintiff's residence at the time of diving.

arrow