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1. The Defendant’s decision on August 14, 2018 rendered to Gwangju District Court Decision 2018Gau1199 Decided August 14, 2018.
Reasons
1. Basic facts
A. On September 18, 2018, based on the executory exemplification of the judgment of 2018 Ghana 1199 decided August 14, 2018, the Defendant seized each of the corporeal movables (hereinafter “each of the instant corporeal movables”) in the attached Form D and E (hereinafter “instant apartment”) at the address of C on September 18, 2018, as the Gwangju District Court’s net support fund.
B. The Plaintiff (designated parties, hereinafter “Plaintiffs”), Appointers G, and Appointers H (hereinafter “Selection G”) are children of C.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 6-1, 2, Eul evidence 1, the purport of the whole pleadings
2. Determination as to the cause of action
A. Since each of the instant corporeal movables asserted by the Plaintiff is a thing owned by the Plaintiff and the remaining designated parties, the execution of seizure on each of the instant corporeal movables based on the enforcement title against C is illegal and unjust.
B. A lawsuit of demurrer by a third party is a lawsuit seeking the exclusion of enforcement in cases where a third party has ownership or a right to restrain transfer or transfer of an object of enforcement, and that said third party has an objection to compulsory execution that infringes on said right. The burden of proving that the ground for objection is that the object of compulsory execution is owned by the plaintiff or is entitled to prevent transfer or transfer to the plaintiff.
C. In full view of the overall purport of the statements and arguments as indicated in No. 4-2, No. 5, A’s evidence No. 9-1, 2, and 3 regarding each of the instant corporeal movables as indicated in Nos. 2, 4, 5, 6, and 10 among the instant corporeal movables, H had resided in the instant apartment before the execution of the seizure before the aforementioned seizure, and H was residing in the instant apartment with C. The Appointed on Aug. 10, 2013, and the corporeal movables listed in No. 2 No. 4, 5, and 6 among each of the instant corporeal movables on July 14, 2014, respectively.