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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 20, 2018, the Defendant executed a seizure of corporeal movables (hereinafter “instant compulsory execution”) with respect to the instant objects, which were located in Yangsan-si E and Fho Lake (hereinafter “instant apartment”) residing in the District Court 2018Da2364 based on the executory payment order in the Busan District Court Branch of the Busan District Court 2018Guj924 case.
B. The plaintiff and D are legal couples, and they also reside in the apartment of this case.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap 2 and 3 evidence, the purport of the whole pleadings
2. The assertion and judgment
A. Since the articles of this case attached by the plaintiff's assertion by compulsory execution of this case are the plaintiff's unique properties purchased at the plaintiff's expense, compulsory execution against the articles of this case shall be rejected by the defendant.
B. (1) Determination (1) The property acquired by one of the married couple in his/her own name during the marriage shall be deemed to be the sole ownership of the property acquired by one of the married couple. However, the property whose identity belongs to one of the married couple is not clear shall be presumed to be the joint ownership of the married couple (Article 830(1) and (2) of the Civil Act). Meanwhile, the corporeal movables possessed by the debtor or jointly possessed by the spouse
(2) According to the reasoning of Article 190 and Article 189 of the Civil Execution Act (Article 190 and Article 189 of the Civil Execution Act), the price for the instant goods is mainly paid at the deposit account in the Plaintiff’s name. However, the following circumstances, namely, the Plaintiff and D are currently living together with a legal couple, and the instant goods are items jointly used by all family members, such as air conditioners, cooperations, depositors, etc., and D’s account under the Plaintiff’s name.