1. The plaintiff's claim is dismissed.

2. On February 10, 2020, this Court held that the case of applying for the suspension of compulsory execution of 2020 Chicago34 was subject to the disposition of this Court.

1. Basic facts

A. On July 10, 2018, the Defendant received a partial winning judgment against Nonparty B (hereinafter “instant judgment”) in the case of claiming damages against Nonparty B by the Seoul Central District Court 2016Kadan156073.

B. On January 20, 2020, on the basis of the authentic copy of the above executory judgment, the Defendant executed a seizure of corporeal movables as to the movables indicated in the attached list in Seocho-gu Seoul Metropolitan Government D and 5 floors (hereinafter “instant movables”).

(Seoul Central District Court E). 【Reasons for Recognition】 Each entry in Gap 2 and 4, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The gist of the Plaintiff’s assertion is that the instant article owned by the Plaintiff.

Therefore, compulsory execution on the instant goods, which was conducted on the premise that the instant goods are owned by B, the Plaintiff, should be dismissed.

B. A lawsuit of demurrer by a third party is a lawsuit seeking the exclusion of enforcement in respect of compulsory execution that infringes upon a third party’s ownership or right to restrain transfer or possession of the subject matter of enforcement.

The plaintiff bears the burden of proving that the reason of objection in a lawsuit of demurrer against a third party, that is, corporeal movables subject to seizure execution, are owned by the plaintiff.

Therefore, with respect to whether the Plaintiff is the owner of the instant objects, the following circumstances, which can be seen by comprehensively considering the overall purport of the pleadings, namely, ① the Seoul Seocho-gu D and the fifth floor, the location of the instant objects at the time of executing the seizure of the instant corporeal movables, completed the move-in report and were living together with the said spouse, and the Plaintiff was not living in the said location, and ② the Defendant executed the seizure of the instant corporeal movables in the Seocho-gu Seoul Metropolitan Government D and the fifth floor, the residence of B, according to the instant judgment on January 2019, and was seized at the auction procedure for the seized corporeal movables around December 2019.