1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The plaintiff and D are married couple.

B. The Defendant filed an application against D for a payment order seeking the payment of acquisition money with the Suwon District Court’s Ansan Branch 2020,000, and the said payment order (hereinafter “instant payment order”) became final and conclusive around July 2020.

(c)

On August 13, 2020, the Defendant seized movable property, such as bulp, cooling, laundry, and laundry, as indicated in the separate sheet in Seoul Songpa-gu apartment and F (hereinafter “the instant movable property”), which is a residence of D, based on the instant payment order.

[Grounds for recognition] Facts without dispute, purport of whole pleading

2. The gist of the Plaintiff’s assertion and D have been separately managed the property before marriage, and the movable property of this case is the Plaintiff’s unique property purchased by the Plaintiff’s credit card, and thus, the Defendant’s compulsory execution against the movable property of this case should be denied.

3. Determination

A. Although the property that one side of the couple of the relevant legal principles has prior to marriage and the property acquired in one’s own name during marriage, the property whose identity belongs to either side of the married couple is presumed to be co-ownership of the married couple (see Article 830 of the Civil Act). As co-ownership of the debtor and his spouse, the movable property possessed by the debtor or jointly possessed by the spouse may be seized (see Article 190 of the Civil Execution Act). (B) According to each of the evidence No. 1 and No. 2, the movable property of this case is recognized as purchased in the Plaintiff’s name by using the credit card, etc. in the Plaintiff’s name.

However, the evidence presented in the instant case and the purport of the entire legal theory are comprehensively considered as follows. In other words, the Plaintiff and D are running a community life in the above residence where the above seizure was made before the above seizure was made to their husband and wife, and the movables in the instant case are household goods (family goods) jointly used by residents in the above residence, and the Plaintiff.