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1. The original copy of the decision on performance recommendation with executory power of the Seoul Central District Court 2010 Ghana564294 case against B.
Reasons
1. Basic facts
A. On February 1, 2018, the Defendant executed a compulsory execution on each of the articles listed in the separate sheet (hereinafter “instant corporeal movables”) in Ulsan-gu C and 102 Dong 3501 (hereinafter “instant apartment”) (hereinafter “instant apartment”).
B. The apartment of this case is a place where the plaintiff owns and resides therein.
C. On May 9, 2008, the Plaintiff married with B, but was married on September 19, 2012.
[Grounds for recognition] The items of evidence Nos. 1, 2, and 3, and the purport of the whole pleadings
2. Determination:
A. The Plaintiff filed a lawsuit by a third party, asserting that the instant apartment is the Plaintiff’s residence, and both of the instant corporeal movables are owned by the Plaintiff.
(b) Any corporeal movables owned by the debtor and his spouse, or possessed jointly with the said spouse, may be seized, if they are presumed to be jointly owned by the married couple (Article 830(2) of the Civil Act).
(A) Article 190 of the Civil Execution Act provides that “The presumption of co-owned property of a couple and the seizure of corporeal movables jointly owned by a couple shall be based on the premise that the marital relationship is maintained (see, e.g., Supreme Court Decision 2013Da201233, Jul. 11, 2013).” Thus, in cases where a debtor and his/her spouse are divorced, the movable assets held by the spouse at the place of residence after the divorce cannot be presumed to be co-owned by the debtor and his/her spouse or solely owned by the debtor, unless special circumstances exist that the de facto marital relationship
C. Before several years of compulsory execution as above with respect to the goods in the apartment of this case, the plaintiff and B have a marital relationship with the plaintiff and B.
There is no assertion or proof of special circumstances, such as nullification or revocation of divorce.