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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산지방법원동부지원 2016.03.30 2015가단13210
제3자이의
Text

1. The Defendant’s attachment is based on the executory exemplification of the judgment in Busan District Court Decision 2009Da64839 against C.

Reasons

1. Facts of recognition;

A. The Plaintiff and C are legally married couple who completed the marriage report on October 1, 2013.

B. Based on the executory exemplification of the judgment of Busan District Court 2009Kadan64839, the Defendant executed a seizure of C’s corporeal movables listed in the separate sheet (hereinafter “instant movables”).

(hereinafter referred to as “execution of this case”). [Ground of recognition] The execution of this case is without dispute; Gap evidence Nos. 1, 2, and 12; and the purport of the whole pleadings.

2. Summary of parties' assertion on the issues of the instant case

A. Whether the instant movable property is the Plaintiff’s unique property, or a property jointly owned with C

B. 1) The Plaintiff’s assertion 1) The instant movable is the goods purchased by the Plaintiff prior to marriage with C, and thus, the Defendant’s execution of the instant movable is not permissible. 2) The instant movable is the co-owned property of the Plaintiff and C, which is the husband and wife, and the enforcement of the instant movable is lawful.

3. Determination

A. Pursuant to Article 830 of the Civil Act of the relevant legal principles, the property acquired by one side of the married couple in his/her own name and the property acquired in his/her own name during the marriage shall be presumed to be his/her own property, and there was cooperation between the other party

The presumption cannot be reversed solely on the ground that there was a mutual aid and assistance in marital life.

(Supreme Court Order 2006S3, 2006S4 Dated August 28, 2007). B.

In full view of the overall purport of the pleadings in evidence Nos. 4, 9, 10, and 11 among the movables of this case, the Plaintiff purchased articles Nos. 1, 8, 11, and 13 among the movables of this case with credit cards and money in his/her name.

Therefore, it is reasonable to view that the above articles are the Plaintiff’s unique property under the Plaintiff’s name.

C. Among the movables in this case, each of the descriptions of evidence Nos. 2 through 7, 9, 10, and 12 No. 5-1, 2, and evidence Nos. 6-1, 2, and 6-2, and evidence Nos. 7 and 8, among the movables in this case, the Plaintiff’s movables in this case.

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