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1. The Defendant’s notary public against Nonparty C is a process executory certificate, No. 12, No. 2010, No. 2010.
Reasons
1. Facts of recognition;
A. The Plaintiff’s former spouse and C have been divorced on July 18, 2017, after the instant lawsuit was brought.
A notary public prepared on January 14, 2010 against Non-Party C has a claim based on No. 12 of 2010 on No. 12 of 2010.
B. On December 15, 2016, based on the original copy of the above notarial deed against C, the Defendant seized each movable property indicated in the attached list No. 436, 2203, as Suwon-si District Court 2016No. 7249, the Plaintiff’s domicile.
C. Of the movable property listed in the separate sheet, the air conditioners (EL) F918S11, among the movable property listed in the separate sheet, LAE, the Plaintiff was dead to the Plaintiff on August 12, 2016, and the Kimchi Refriger (Tsung) Q33K 701S8 and laundry (TA) 16KG acquired in the Plaintiff’s name on October 7 and September 19, 2016, respectively.
On the other hand, C transferred the domicile to F in Jin-si from the domicile on September 28, 2016.
[Ground of recognition] Facts without dispute, Gap 1-6's entries, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion 1) The Plaintiff asserts that each movable in the separate sheet is purchased by the Plaintiff’s words, or that it was purchased by the Plaintiff’s own, and that it was in fact separate from C at the time. As such, the Defendant’s compulsory execution against each movable in the separate sheet owned by the Plaintiff should not be denied. (2) The Plaintiff’s assertion asserts that one spouse’s own property prior to marriage and the property acquired under one’s own name during marriage shall be considered as the unique property (Article 830(1) of the Civil Act) and the property of which one spouse’s own name is unclear, shall be presumed to be co-owned by the husband.
(Article 830(2) of the Civil Act. In light of the above legal principles, the air conditioners (EL) f918S11 among the movable property listed in the separate sheet was dead to the Plaintiff, which is the Plaintiff’s words, Nonparty E, the Plaintiff, and Q33KK3K701S8 and laundry 16KG acquired in the name of the Plaintiff, and the execution of the seizure of this case.