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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. On September 15, 2010, the Defendant filed a claim against C and D (C’s husband) for a loan (Ulsan District Court 2010Kahap145), and the above court rendered a final and conclusive judgment that “C and D jointly pay to the Defendant the amount of KRW 110 million per annum from August 5, 2010 to the date of full payment, and the amount of money calculated at the rate of 20% per annum from August 5, 2010 to the date of full payment.”
B. On September 22, 2015, the Defendant seized each of the items listed in the separate sheet (hereinafter “instant items”) from Ulsan-gu E (Ulsan-gu, Ulsan-gu), the execution place, with the title of execution against C on September 22, 2015.
(E) U.S. District Court 2015No. 2992 / [based on recognition] The substantial facts in this Court, the statements in Eul No. 1 and 9, and the purport of the entire pleadings
2. The Plaintiff asserts that the instant goods are owned by the Plaintiff and seeks non-permission of compulsory execution.
However, in light of the following circumstances, the evidence Nos. 2, 3, 4, 5, 6, 7, 8, 9, 23, and the evidence Nos. 1 and 17, which can be comprehensively seen in light of the overall purport of the pleadings, it is insufficient to acknowledge that the goods of this case are owned by the plaintiff, and there is no other evidence to acknowledge it.
① According to a certified copy of resident registration issued on August 27, 2015, which was around the enforcement date ( September 22, 2015), C and D’s address are the same as Ulsan-gu E (Ulsan-gu F; hereinafter referred to as “the execution place”).
There was C at the place of enforcement at the time of enforcement.
② According to a certified copy and abstract of C’s resident registration issued on the same day ( August 27, 2015), C completed his/her resident registration at a place of enforcement on October 5, 2009. On May 27, 2013, C transferred his/her resident registration to another place on the same day, but completed his/her resident registration again on June 11, 2013, approximately two weeks, at the place of enforcement.
In other words, C has registered as a resident in the execution place from October 5, 2009, except for approximately two weeks.
③ There are children of C and D G and H, and H are the Plaintiff’s representative director.
(4) C is located between Ulsan-gu and South-gu in the place of execution.