제3자이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s assertion is that the Plaintiff’s instant automobile is owned only in the future of the transport of the holder of title in accordance with the consignment management contract between the Plaintiff and Samjin Transportation Co., Ltd. (hereinafter “Tinjin Transportation”), and it is in substance owned by the Plaintiff. Therefore, the execution of provisional attachment by the Defendant, the creditor of Samjin Transportation, on the instant automobile
2. According to a contract entered into between a freight trucking business operator holding a license for freight trucking services and a borrower practically possessing a motor vehicle, the owner of the motor vehicle is an externally incorporated company in the form of transportation business in which each borrower performs his/her business on his/her own management and account and pays the rent to the trucking business operator.
(see, e.g., Supreme Court Decision 2006Da61055, Jan. 25, 2007). Even if a consignment management contract was concluded with the Plaintiff, the consignment management contract was concluded between the Plaintiff and Samjin Transportation.
Even if this constitutes a contract for entry, the external ownership of the instant vehicle belongs to the transport of trine.
Therefore, the plaintiff, who is a land owner, cannot seek the exclusion of provisional attachment execution by asserting that he is the owner of the instant vehicle against the defendant.
3. The plaintiff's claim is dismissed.