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1. The plaintiff's claim is dismissed.
2. With respect to cases where this Court applies for the suspension of compulsory execution of 2019 Chicago12, January 31, 2019.
Reasons
1. Basic facts
A. The Defendant filed a civil suit against Nonparty D with the Gwangju District Court 2014Gaso24487 and received a favorable judgment from the said court.
(hereinafter “instant judgment”). B.
On January 10, 2019, the Defendant seized each of the corporeal movables listed in the separate sheet (hereinafter “the instant corporeal movables”) on January 10, 2019, with the title of execution (the principal of the claim, KRW 2,721,002, interest KRW 2,585,325) as the title of execution.
[Ground of recognition] Facts without dispute, entry of Gap 1 and 4 evidence, purport of the whole pleadings
2. Determination on the cause of the claim
A. The Plaintiff’s assertion: (a) transferred the instant apartment from September 2007 to the instant apartment; (b) on May 2018, 2018, the instant corporeal movables except No. 4 No. n. e., No. e., No. e., No. 4 of the instant corporeal movables seized by the Defendant are goods owned by the Plaintiff; (c) a compulsory execution against corporeal movables except No. 4 No. n. e., No. e.,
B. In light of the following circumstances, which are revealed in the written evidence Nos. 3, 5 and 6, comprehensively considering the purport of the entire pleadings, namely, the relationship between the owner of the instant apartment, the resident of the instant apartment, the timing of transfer and the period of residence, etc., solely based on the statement No. 2-1 through 3 of the evidence No. 2-3, it is insufficient to acknowledge the fact that corporeal movables except the No. 4 No. 5 out of the instant corporeal movables owned by the Plaintiff, and there is no other evidence to acknowledge it otherwise.
1) The instant apartment is a real estate for which the Plaintiff’s son G residing in the city of Kuju completed the registration of ownership transfer on July 29, 2014. 2) D transferred the instant apartment to the spouse of B (the Plaintiff’s son) who is the householder on October 21, 2015.
3D entered China on January 22, 2016 and entered China on November 1, 2017, and entered China.