1. The Defendant’s notary public against Nonparty C is an executory deed No. 124 of 2012, No. 124 of the official title of the law firm.

1. Basic facts

A. The plaintiff and C completed the marriage report on March 4, 1992, and they divorced on March 15, 2005.

B. On July 28, 2016, execution officer D of the Seoul Southern District Court executed a seizure of corporeal movables (hereinafter “execution of this case”) with respect to movables listed in the separate sheet (hereinafter “each of the instant movables”) in Seoul Yangcheon-gu E, 318 Dong 1002, where C resides upon application for compulsory execution based on the executory right of a notarial deed No. 124 of 2012, No. 124 of the notarial deed (hereinafter “instant notarial deed”) by a notary public against C of the Defendant on July 28, 2016.

[Ground of recognition] Evidence Nos. 1, 2, and 3, the whole purport of the pleading

2. The parties' assertion

A. The Plaintiff’s cause of claim (1) is between the Plaintiff and Nonparty C divorced on March 15, 2005, and each of the instant movables was owned by the Plaintiff, but the Defendant’s execution of seizure on each of the instant movables based on the instant notarial deed against the Defendant C, and thus, the instant compulsory execution should be denied.

B. Since the Defendant’s assertion C is in a de facto marital relationship while living in the same place even after the Plaintiff was divorced from the Plaintiff, each of the instant movables is a property jointly occupied as public property of C and the Plaintiff, and thus, a seizure may be made pursuant to Articles 190 and 189 of the Civil Execution Act, and thus, the compulsory execution

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.

(Article 190 of the Civil Execution Act). This Civil Act and the same.