1. Comururcur, Sha

3. Each delivery of the projecter;

2...

A. On May 30, 2016, the Plaintiff leased KRW 10,000,00 to C Co., Ltd. (hereinafter “C”) as of May 30, 2017. On the same day, in order to secure the foregoing loan claims, C transferred to the Plaintiff, by means of possession amendment, the attached Form No. 506 of D Notaries Joint Office No. 2016 (hereinafter “instant goods”). The Plaintiff drafted a notarized deed of money loan contract for security transfer (hereinafter “instant security loan contract”).

B. However, the saw machine No. 2, among the instant goods, was owned by a new acid Co., Ltd. (hereinafter “new acid”), and was transferred by the Defendant to C for the leased and used by the Defendant from the new acid.

C. C around August 13, 2016, around 13, 2016, transferred the instant goods to the Defendant at 22,889,275 won as payment in lieu of the loan debt owed to the Defendant, and the Defendant thereafter occupied the said goods.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1, witness E's testimony, purport of whole pleadings

2. Determination

A. 1) In a case where a contract to establish a security interest in movable property was concluded, a mortgagee may exercise his/her right by asserting that he/she is the owner of the movable property in relation to a third party other than the person establishing the security interest (see, e.g., Supreme Court Decision 98Da47283, Sept. 7, 199). Meanwhile, in a case where an unentitled person disposes of another person’s right in his/her own name or as his/her own right, the right holder may recognize the act of disposal by ratification (see, e.g., Supreme Court Decision 2001Da44291, Nov. 9, 2001). 2) According to the above facts of recognition, C provided the Plaintiff with a saw machine No. 2 of the instant movable property as a security for transfer.

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