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(영문) 의정부지방법원 고양지원 2018.04.19 2018가단735
제3자이의
Text

1. The Defendant’s original copy of the judgment with executory power in the loan case No. 2013Ga67296 against the Incheon District Court.

Reasons

1. In full view of the following facts: (a) evidence No. 1 and evidence No. 3-1 and No. 2 of the evidence No. 3, the Plaintiff is the husband and wife B; (b) on January 15, 2018, Kuyang-gu Incheon District Court Decision No. 2013Kadan67296 against the Defendant’s Republic of Korea on January 15, 2018 (hereinafter “each of the instant movables”), the Plaintiff executed the seizure of corporeal movables on the Defendant’s movable property as indicated in the separate sheet No. 1208 (hereinafter “each of the instant movables”).

2. Comprehensively taking account of the overall purport of pleadings as to the evidence Nos. 2-1 through 11, and evidence Nos. 5 as to the cause of the claim, each of the instant movable property is recognized as having been purchased by the Plaintiff and paid the price by credit card between March 2, 2016 and January 11, 2018.

Property of which identity belongs to one of the married couple is presumed to be jointly owned by the married couple (Article 830(2) of the Civil Act); however, property acquired by one of the married couple in his/her name during marriage shall be considered to be its unique property (Article 830(1) of the Civil Act); and in light of the above legal principles, each of the instant movable property is the property acquired by the plaintiff in his/her name during marriage and shall be deemed to be

Therefore, the execution of seizure of each of the movables of this case shall not be permitted as it infringes on the plaintiff's ownership.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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