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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. In the Seoul Central District Court 2016Da523052 (Main Claim) brought by the Plaintiff against the Defendant, the Defendant was sentenced to a favorable judgment (hereinafter “instant favorable judgment”), and the said judgment became final and conclusive around that time, on the ground that “B shall pay to the Defendant KRW 57,500,000 and interest calculated at the rate of 5% per annum from April 11, 2016 to March 24, 2017, and 15% per annum from the next day to the day of complete repayment.”
B. On November 14, 2017, the Defendant entrusted enforcement officers with the execution of the instant winning judgment as Seoul Central District Court No. 2017Du4155, and the execution of the seizure of corporeal movables on the objects listed in the attached list of temporary arrest (hereinafter “instant movables”) at the domicile of B (hereinafter “instant execution”).
C. With respect to a building on the fifth floor above the ground level in Seoul Special Metropolitan City, Gwanak-gu, and one parcel (hereinafter “instant building”), the registration of ownership transfer has been filed in the name of the Plaintiff, which is a son B, as of July 15, 2015, and the two couple are residing in the house located in the rooftop of the instant building.
[Ground of recognition] Unsatisfy, Gap evidence 1-2, 3, 4, Gap evidence 2-2, Eul evidence 1 and 2-2
2. The assertion and judgment
A. The Plaintiff’s assertion that the movable property of this case is owned by the Plaintiff, and thus, the enforcement of this case is unlawful.
B. However, even after examining all the evidence submitted by the Plaintiff, there is no evidence to acknowledge that the instant movable is an object owned by the Plaintiff.
Rather, according to the contents of Gap evidence Nos. 1 through 5 (including each number), and Eul evidence Nos. 1 and the purport of the whole pleadings submitted by the plaintiff, the movable property of this case, which is household effects, shall be resided by the couple B.