제3자이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On December 13, 201, the Defendant entered into a lease agreement with C and E, the owner of the said building, stating that “The lease deposit amount of KRW 500 million, KRW 500,000 per month, KRW 500,000 per month, and KRW 120,000 from March 30, 201,” and received the delivery of the said first floor of the building on March 30, 2012.
However, around May 2013, the Defendant, C, and E agreed to terminate the said lease agreement as of May 31, 2013, and on October 28, 2013, the record of the complaining telephone network (hereinafter “instant protocol”) stating that “C and E shall jointly and severally pay to the Defendant the amount of KRW 4.6 million up to December 30, 2013, and the Defendant shall transfer all the inspection and maintenance equipment of the Defendant’s automobile located within the F building to KRW 15 million.”
B. The articles listed in the attached list (hereinafter “the subject matter of execution of this case”) are movable properties owned by C, including automobile repair equipment located in the building of this case, including those acquired by C from the Defendant according to the protocol of execution of this case.
On September 30, 2014, the Defendant seized the subject matter of execution of the instant case (along support 2014 main text 4737, hereinafter “instant seizure”) based on the executory exemplification of the instant protocol of conciliation.
At the time of seizure of this case, C possessed the subject matter of execution of this case.
C. Meanwhile, as between September 2, 2014, G entered into a lease agreement with C on the condition that the instant building should be leased as KRW 80 million from September 2, 2014 to September 1, 2019, with the term of lease, and as between September 2, 2014, G entered into a transfer security agreement with the effect that ownership of the instant subject matter should be transferred to secure the right to return the lease deposit.
G This part of the judgment below is justified.