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(영문) 인천지방법원 부천지원 2018.10.18 2018가단8158
제3자이의
Text

1. On June 26, 2018, based on the original of the payment order with executory power of the Incheon District Court No. 2013, Jun. 26, 2018

Reasons

1. Facts of recognition;

A. On June 26, 2018, based on the original copy of the payment order stipulated in Paragraph (1) of the Disposition B against the Defendant, on June 26, 2018, the Defendant conducted a seizure execution of corporeal movables listed in the attached Form C and B (hereinafter “instant corporeal movables”).

(hereinafter “instant compulsory execution”). B.

B is a move-in report to the address above.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination

A. According to Article 190 of the Civil Execution Act, corporeal movables owned by the debtor as co-ownership of the debtor and his spouse or jointly possessed by the debtor's spouse may be seized pursuant to Article 189 of the same Act, and the above provision shall also apply mutatis mutandis to co-owned corporeal movables owned by the married couple having a de facto marital relationship (see Supreme Court Decision 97Da34273, Nov. 11, 1997). Meanwhile, de facto marriage refers to a marital relationship between the parties, even though they have the intention to marry between themselves and have a substance of marital life that can be recognized as a marital life in terms of family order in terms of social norms, and even if they did not report a marital relationship, which is a formal requirement, even though they did not report a

Therefore, in order to consider a de facto marriage as a de facto marriage, there is insufficient circumstance that there is a simple marital relationship or a sporadic marital relationship between the parties, and there should be a subjective intention of marriage between the parties, and objectively there should exist a substance of marital life that can recognize a marital life in terms of social order and order

(See Supreme Court Decision 94Meu1584 delivered on March 28, 1995, and Supreme Court Decision 98Meu961 delivered on December 8, 1998, etc.) B.

In other words, the following circumstances are confirmed by the Plaintiff’s purchase of most of the corporeal movables of this case, which are acknowledged by comprehensively considering the facts as seen earlier and the written evidence Nos. 1 through 5.

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