1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 11, 2017, on the basis of an executory deed No. 2016 Deed No. 492, the Defendant: (a) executed a seizure of the corporeal movables listed in the separate sheet (hereinafter “instant corporeal movables”) at the Plaintiff’s residence of Pyeongtaek-si D on July 1, 2017 by a notary public against Nonparty C (hereinafter “instant compulsory execution”).

B. The Defendant and Nonparty C (hereinafter “Nonindicted Party”) were legal couple, but they were divorced on February 21, 2017.

C. The non-party is registered as the defendant's cohabitant in the resident registration ledger.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion was divorced from the Nonparty, and the Nonparty left the Plaintiff’s residence. Therefore, the instant corporeal movables are owned by the Plaintiff, not the Nonparty, but the compulsory execution of the instant case, based on the premise that the obligor and the owner of the said corporeal movables are the Nonparty, should be dismissed.

(b) (1) If a third party has ownership or a right to prevent the transfer or delivery of an object of a disturbance of enforcement by a third party of the relevant law, that third party raises an objection against the obligee and seeks exclusion of enforcement against the obligee when the third party has a right to prevent the transfer or delivery of the object.

(Article 48 of the Civil Execution Act). The reason for an objection is that the ownership, the right to co-ownership, and the right to co-ownership among them are real rights, and the right to co-ownership may bring an action against a third party when the execution of the whole co-ownership is executed with the title of execution against one of co-owners, or that the corporeal movables jointly owned by the

(Article 190 of the Civil Execution Act) and the third party, who is the plaintiff, bears the burden of proof as to the existence of grounds for objection asserted by the third party.

(2) The instant movable property is located in the space where the Plaintiff and the Nonparty were married.