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1. The original copy of the conciliation protocol with executory power over the wage case of the Seoul Central District Court 2015Na39165 against C.
Reasons
1. On July 28, 2016, based on the basic facts, the original copy of the conciliation protocol No. 2015Na39165, which the Defendant filed against C against C, was seized corporeal movables listed in the separate sheet No. 105 and No. 504, which is the Plaintiff’s domicile, on July 28, 2016.
The plaintiff's husband and wife E and C are married couple who reported their marriage on December 29, 2015.
[Ground of recognition] Facts without dispute, entry of Gap evidence No. 4 and purport of whole pleadings
2. The following circumstances acknowledged by the purport of Gap evidence Nos. 1 through 3, 6, and 7 as to the cause of the claim and the entire purport of the pleading, namely, ① the plaintiff appears to have resided in the above apartment building, which is the place where the seizure of the instant corporeal movables was executed, after the moving-in report was made before October 31, 201. C filed the move-in report on the said apartment only after the period of four years to January 18, 2016. ② The instant corporeal movables were used for daily life, such as TV, booms, puls, books, and damps, and are likely to have already been occupied by the plaintiff while living in the said apartment. ③ The instant corporeal movables appear to have been placed in the name of the plaintiff, the plaintiff himself, the plaintiff's wife, and the plaintiff's order, etc. from around August 201 to November 2015, the plaintiff's move-in report on the move-in report was made as follows.
Therefore, compulsory execution against the corporeal movables of this case, which was made pursuant to the above protocol of mediation against the defendant C, should be denied.
3. Thus, the plaintiff's claim is accepted on the ground of its reasoning.