The plaintiff's claim is dismissed.

This Court shall enter into force on March 11, 2020 with respect to cases of applying for the suspension of compulsory execution.

Basic Facts

A. The Plaintiff and C are de facto marital couple living together without filing a marriage report, even though they were married by marriage.

B. On February 24, 2020, based on the D’s No. 727, No. 727, 2018, the Defendant executed the attachment of the attached attached list (hereinafter “instant movable property”) from the Nam-gu Incheon E apartment F on February 24, 2020.

At the time of seizure execution, C participated as a debtor.

[Ground for Recognition: Unsatisfy Facts, entry of Gap evidence 1 and 2, purport of whole pleadings]

2. The assertion and judgment

A. The Plaintiff’s assertion that this case’s movable property pertains to the Plaintiff’s property owned by the Plaintiff that either dead with the Plaintiff’s money or that the Plaintiff’s friendship purchased as a marriage gift, and thus, the Defendant’s execution of the instant movable property ought to be denied.

B. Determination 1) Article 830 of the Civil Act and relevant Acts and subordinate statutes (1) ① Property owned by one of the married couple prior to marriage and the property acquired in his/her own name during the marriage shall be deemed to be the unique property. (2) Any property the title of which belongs to either married couple is unclear shall be presumed to be the co-ownership of the married couple.