제3자이의
1. Attached Table 1. The Changwon District Court Branch of the Republic of Korea on each of the real estate and machinery listed in the separate sheet 1. The defendant's office of registration on December 10, 2013.
1. Facts of recognition;
A. On August 19, 2013, the Plaintiff entered into a contract with Nonparty 2 Engineering Co., Ltd. (hereinafter “dual Engineering”) for manufacturing and installing each machine listed in the separate sheet 2,30,000 won (hereinafter “the instant machine”) as indicated in the separate sheet 2,30,000 won (hereinafter “the instant product price”). The Plaintiff entered into a special agreement with the Plaintiff as holding the ownership of the said machine prior to being fully paid for the said product price.
B. Since then, the Plaintiff had manufactured and installed the instant machinery to two different engineerings in accordance with the said goods supply contract, but did not receive the price for the relevant goods until now.
C. Meanwhile, on the other hand, on December 10, 2013, the Defendant established the right to collateral security (hereinafter “instant right to collateral security”) on each of the real estate and machinery (including the instant machinery) listed in the [Attachment 1] List 1, 2013, from the said company. Since the said company delayed the performance of the obligation to provide loans to the Defendant, the Defendant applied for a voluntary auction on the instant machinery, etc. to A (hereinafter “instant voluntary auction”) at the instant court based on the instant right to collateral security on March 25, 2014.
[Grounds for Recognition] Unsatisfy, Gap evidence 1 to 7 (including each number), Eul evidence 3, the purport of the whole pleadings
2. Determination
A. In the event that, while entering into a sales contract for non-permission of compulsory execution against the instant machinery, the seller delivers the object to the buyer prior to the payment of the price, but until the price is paid in full, a so-called special agreement for the reservation of ownership that the ownership of the object is reserved to the seller and the ownership is transferred to the buyer at the time when the price is paid in full, the agreement between the parties to the sales contract that the ownership of the object is transferred is concluded and the price is fully