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(영문) 수원지방법원안산지원 2019.07.10 2019가단52136
제3자이의
Text

1. The claims of the plaintiff (appointed party) and the designated parties are dismissed.

2. This Court shall suspend compulsory execution of 2019 Chicago508.

Reasons

1. On March 20, 2006, the Defendant: (a) obtained an executory payment order (creditorD) with the executory payment order for wage cases under the wage case No. 2006 tea 2412 on March 20, 2006 (hereinafter “instant apartment”); and (b) executed the attachment execution of corporeal movables as indicated in the attached attachment list, which was located in the Silung-si F and G (hereinafter “instant apartment”), where the Plaintiff (Appointed Party) resides, on January 24, 2019.

C is the father of the Plaintiff (Appointed Party) and the Selection H is the wife of C and the mother of the Plaintiff (Appointed Party).

The Appointor I is C and H's fraud.

In the apartment of this case, J, Ha, the plaintiff (Appointed Party), and the plaintiff (Appointed Party) are living in the apartment of this case, K and L, who are their children.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 4, 7, purport of the whole pleadings

2. The assertion and judgment

A. Among the items indicated in the attachment list of the Plaintiff (Appointed Party)’s assertion in the attachment list, the kimchi air conditioners are those awarded a successful bid by the Appointed H on December 17, 2007 by paying the price for corporeal movables on the date of sale of corporeal movables. Since all the remainders except the above kimchi air conditioners are owned by the Appointed Party (Appointed Party) and the Appointed I, and are owned by the Plaintiff (Appointed Party) and the Appointed I, compulsory execution against them must be denied.

B. Determination 1) The property acquired by one of the married couple in his/her own name during the marriage shall be deemed to be the sole ownership of the property acquired in his/her own name as a special property, but the property whose identity belongs to any of the married couple is presumed to be co-owned by the married couple (Article 830(1) and (2) of the Civil Act). Meanwhile, corporeal movables possessed by the debtor or jointly possessed by the spouse as co-ownership of the debtor and his/her spouse may be seized (Article 190 and Article 189 of the Civil Execution Act) 5 and 6 respectively (Article 199 of the Civil Execution Act).

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