1. The Defendant has the power to execute the case No. 2013 Ghana Branch of Changwon District Court against Nonparty C.

1. Basic facts

A. On September 6, 2013, the Defendant filed a lawsuit against Nonparty C seeking a loan with the Changwon District Court Jinwon District Court Decision 2013Da10369, and received a decision of performance recommendation from the above court. The said decision of performance recommendation became final and conclusive around that time.

B. On November 27, 2015, upon the determination of the performance recommendation, the Defendant executed the execution of the seizure of corporeal movables (hereinafter “instant compulsory execution”) on the corporeal movables listed in the separate sheet as indicated in the separate sheet (hereinafter “each of the instant objects”) by the Changwon District Court’s Jinju Branch Branch Branch 2015No1239.

[Ground of recognition] A without dispute, entry of evidence No. 3, purport of the whole pleadings

2. We's arguments and judgments

A. The plaintiff asserts that the compulsory execution of this case should not be permitted since the goods of this case are owned by the plaintiff, and the defendant asserts that the compulsory execution of this case is lawful since the plaintiff and C are de facto marital relations.

B. Determination 1) Article 527-2 of the Civil Procedure Act provides that corporeal movables jointly owned by the debtor and his spouse may be seized pursuant to Article 527 of the same Act when the debtor occupies or jointly occupies with his spouse. The above provision shall also apply mutatis mutandis to co-owned corporeal movables jointly owned by the couple in a de facto marital relationship with the plaintiff, who has the substance of a marital community and does not only file a marriage report (see, e.g., Supreme Court Decision 97Da34273, Nov. 11, 197). 2) The following circumstances can be acknowledged by comprehensively considering the overall purport of arguments in each statement in the evidence No. 1, No. 1,2, and No. 4, No. 1, and each purchase agreement of each of the goods of this case, namely, the plaintiff stated as the buyer, and the defendant has reported that the plaintiff holds the above goods to the competent agency, and the defendant prepared a confirmation of the fact that he has a de facto marital relationship with the plaintiff D, but submitted it.