1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. Based on the original copy of the payment order stated in the purport of the claim against C, the Defendant seized each of the items listed in the separate sheet in Pyeongtaek-si E apartment and F, which is the domicile of Pyeongtaek, and the attached list in the F (hereinafter “the instant corporeal movables”).

B. The Plaintiff is a spouse married with C and is residing in C at the place of execution of the above seizure (hereinafter “instant apartment”).

[Ground of recognition] Facts without dispute, Gap 1, 12-15 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. Since the Plaintiff’s summary of the instant corporeal movables are owned by the Plaintiff, compulsory execution should be denied.

B. Ccorporeal movables under a co-ownership of the judgment debtor and his spouse, which are possessed by the debtor or jointly possessed with his spouse, may be seized.

(Article 190 of the Civil Execution Act). Meanwhile, 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 considered as the property unique to him/her (Article 830(1) of the Civil Act). Any property the ownership of which is unclear to

(2) Article 830(2) of the Civil Act provides that “The Plaintiff and C shall be deemed to have lived with the Plaintiff on August 18, 2015, following circumstances: (a) around August 9, 2012, the Plaintiff and C shall be deemed to have completed a move-in report with the Plaintiff’s live together with the Plaintiff’s live-in moving-in report, and (b) he shall be deemed to have been living together with the Plaintiff from around that time to the instant apartment; (c) the date of filing the move-in report with C shall be deemed to be memory as of August 18, 2015; (d) the Plaintiff and C shall be residing together with the Plaintiff; and (e) the materials regarding the purchase history of the instant corporeal movables submitted by the Plaintiff shall be considered to have been purchased after living together with the Plaintiff and C, and the corporeal movables in this case shall be all family members.