제3자이의의소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
On January 7, 2015, the Plaintiff: (a) lent KRW 160,00,000 to C, who is the owner of the instant movable property, as of January 30, 2015; (b) set the period of repayment as of January 30, 2015; and (c) set up a security for transfer to the instant movable property by means of possession revision in order to secure its performance; and (d) as the instant movable property was reverted to the Plaintiff due to the failure of C to repay the said loan, the Plaintiff asserts that the instant movable property is owned by B
On the third day for pleading of this case, the Plaintiff stated that: (a) around 2014, the Plaintiff purchased the movable property of this case from Nonparty D and sold it to C; and (b) in light of the above statement, it is insufficient to recognize that C was the owner of the movable property of this case at the time of establishment of the said collateral for transfer; (c) evidence Nos. 7-1 and 2, which appears to correspond to the Plaintiff’s assertion at the time of establishment of the said collateral for transfer, cannot be trusted; and (d) evidence Nos. 2, 4 (a copy of each notarial deed, a copy of the same notarial deed), 5, and 6, alone, are insufficient to recognize that C was the owner of the movable property of this case at the time of establishment of the said collateral for transfer;
Therefore, since C’s act of establishing a security for transfer of movable property of this case is null and void as an act of disposal by an unentitled person, the Plaintiff cannot acquire ownership of the movable property of this case, and there is no evidence to acknowledge that the Plaintiff had the right to prevent ownership and other transfer or transfer of the movable property of this case in addition to
Therefore, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.