제3자이의
1. The defendant's appeal is dismissed.
2. The independent party intervenor raised in this Court against the plaintiff and the defendant.
The main lawsuit and the lawsuit of independent party intervention shall be judged together.
1. Basic facts
A. On June 7, 2016, the Defendant filed a lawsuit against D, B, E, and F, claiming a loan, etc.
(No. 2016Gahap11388). (b) The District Court of Gwangju District.
On January 12, 2017, the above court rendered a judgment to the effect that “D shall pay to the Plaintiff KRW 50,000,000 and delay damages therefor,” with respect to the Plaintiff’s claim against D.
C. The Defendant, based on the above judgment’s provisional execution order, requested G to execute a seizure of corporeal movables, and G seized each of the objects listed in the separate sheet No. 1 (hereinafter “instant objects”) on March 9, 2017.
(Reasons for Recognition) The fact that there is no dispute over the Gwangju District Court 2017No. 259. [Ground for Recognition], and entry of Gap evidence No. 1
2. Determination as to the claim on the principal lawsuit
A. In light of the following circumstances, it is reasonable to view that the instant article was owned by A and thereafter transferred to the Plaintiff designated by B as a result of the contract between D and D when the ownership of the instant article was invalidated, on the grounds that the Defendant’s compulsory execution premised on D is not permissible, in view of the ownership of the instant article in question, based on the following circumstances: (a) the written evidence Nos. 2 through 14, Nos. 1 and 2, and the witness H and D’s testimony.
① The I Co., Ltd. is a corporation (hereinafter referred to as “J”) which has changed its trade name to J Co., Ltd., E and J Co., Ltd. in succession, and B is a representative director and the largest shareholder at the time of the establishment of the said corporation.
② On December 17, 2014, B entered into a contract with D to transfer all of the shares of J and the real estate, liabilities, and permits of the said juristic person to KRW 3.2 billion. On January 13, 2015 and March 27, 2015, B entered into a written statement on the fulfillment of the said transfer and acquisition agreement on two occasions.
Provided, That the transferee of the contract of December 17, 2014 shall be the defendant.