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(영문) 의정부지방법원 고양지원 2018.04.11 2017가단15877
제3자이의
Text

1. The Defendant’s executory exemplification of the judgment rendered in Seoul Central District Court No. 2011Gaso1673044 against C is an executory exemplification of the judgment.

Reasons

1. Basic facts

A. The Plaintiff and C reported a marriage but divorced on September 30, 2003.

B. On September 7, 2017, Kuyang District Court D executed a seizure of corporeal movables (hereinafter “execution of this case”) with respect to movables listed in the separate sheet, which are used in daily lives inside the Dong-dong, Dong-gu, 102 Dong 402 Dong 402 (hereinafter “the domicile of this case”) where C resides, upon application for compulsory execution based on the executory exemplification of the judgment rendered by the Seoul Central District Court 201DaDa1673044 (hereinafter “the original copy of this case”) against Defendant C on September 7, 201.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 4 and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion C is between the Plaintiff and the Plaintiff, and each of the instant movables is owned by the Plaintiff, but based on the Defendant’s original copy of the instant judgment against C, the execution of the instant movables is dismissed.

B. The Defendant’s assertion C is in a de facto marital relationship while living in the same house even after the Plaintiff was divorced from the Plaintiff. Each of the instant movable properties is jointly occupied by C and the Plaintiff as public property.

Therefore, the execution of this case is lawful because it may be seized pursuant to Articles 190 and 189 of the Civil Execution Act.

3. Determination

A. The proprietary property owned by one of the parties to the relevant statutes and legal principles, and the property acquired in his/her own name before marriage, and the property acquired in his/her own name during marriage (Article 830(1) of the Civil Act) shall be deemed the unique property (Article 830(1) of the Civil

(Article 830(2) of the Civil Act also provides that corporeal movables under a co-ownership of the debtor and his/her spouse, which are possessed by the debtor or jointly possessed with his/her spouse, may be seized and seized pursuant to Article 189 of the Civil Execution Act.

. Civil Execution Act;

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