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1. On January 1, 2017, by a certified copy of the judgment with executory power in the case No. 2014Na9066 against the defendant C and D.
Reasons
1. Basic facts
A. The Plaintiff and C are the legal spouse who has completed the marriage report.
B. On January 6, 2017, the Defendant seized each of the movables listed in the Attachment List (hereinafter “each of the instant movables”) in the Gyeonggi-si E Housing (hereinafter “instant Housing”) residing by the Plaintiff as its executive title in the Suwon District Court Decision 2014Na9066 (hereinafter “the judgment, which is the executive title of the instant case”) regarding C and D as the title of execution.
(hereinafter "Compulsory Execution of this case"). [The grounds for recognition: Gap evidence 1, 2, and 3 (including paper numbers; hereinafter the same shall apply)
(i) each entry and the purport of the whole pleadings
2. Judgment on the parties' arguments
A. The Plaintiff’s assertion 1) Among each of the instant movables, each of the movables listed in Articles 1, 2, 5, 6, 7, 8, 10, 11, 14, 15, and 16 of the Attachment List Nos. 1, 2, 5, 6, 7, 8, 10, 11, 14, 15, and 17 is owned by the Plaintiff, and each of the movables listed in Articles 3, 4, 9, 12, 13, and 17 is purchased by the Plaintiff and F, and it is obvious that each of the instant movables is owned by the Plaintiff and F, and thus, compulsory execution against each of the instant movables by the Defendant by the judgment, which is the executive title of the instant case, shall be denied unfairly. 2) Since each of the instant movables owned by C or D, it is substantially owned by the Plaintiff’s husband, C, or D, who engages in business with the instant movables, etc.
B. Determination 1) The property whose belongs to anyone of the married couple is presumed to be jointly owned by the married couple (Article 830(2) of the Civil Act); corporeal movables jointly owned by the debtor and his/her spouse, or jointly possessed by the debtor and his/her spouse, may be seized (Article 190 of the Civil Execution Act). However, the property acquired by one of the married couple prior to marriage and the property acquired in his/her own name during the marriage,