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1. The Defendant’s order of execution of the property sentence No. 49179 against the Suwon District Prosecutors’ Office in relation to B is in accordance with the order of execution of the property sentence No. 2014, Dec. 1, 2016.
Reasons
1. Basic facts
A. The Plaintiff and B are legally married couple who completed the marriage report on May 12, 2014.
B. On December 1, 2016, the Defendant seized each of the movables listed in the Attachment List (hereinafter “each of the movables of this case”) in the G and the G and 1404 Dong-dong 1404 (hereinafter “the apartment of this case”), which were located in the Suwon-si District Prosecutors’ Office 2014 through No. 49179, the title of the execution order against B as the title of the property sentence execution order against B (hereinafter “each of the movables of this case”).
(hereinafter “Compulsory Execution of this case”). 【No dispute exists, entry of Gap evidence Nos. 1 through 3, the purport of the whole pleadings
2. Determination as to the cause of action
A. 1) The Plaintiff’s assertion 1) Each of the instant movables is a unique property acquired by the Plaintiff prior to marriage with B, or acquired with the Plaintiff’s funds after marriage, and thus, constitutes a sole ownership of the Plaintiff, and thus, the execution of the instant movables ought to be denied. 2) The Defendant’s assertion that each of the instant movables purchased with the Plaintiff’s funds. In substance, each of the instant movables purchased with the Plaintiff’s funds, and even if purchased with the Plaintiff’s funds, each of the items listed in [Attachment 1, 4, and 9] in [Attachment 1, 4, and 9], which were acquired after marriage, falls under
B. Determination 1) The property whose belongs to any of the married couple is presumed to be jointly owned by the married couple (Article 830(2) of the Civil Act); corporeal movables owned by the debtor or possessed jointly by the debtor as a co-ownership of the debtor and his/her spouse may be seized (Article 190 of the Civil Execution Act). However, the proprietary property owned by one of the married couple prior to marriage and the property acquired in his/her own name during marriage shall be presumed to be their unique property (Article 830(1) of the Civil Act; Article 830(1) of the Civil Act
It is only that there was a mutual assistance in marriage life.