제3자이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be found either in dispute between the parties or in full view of the respective descriptions set forth in Gap evidence Nos. 1, 2, 3, 4, 5, and Eul evidence No. 5 (including paper numbers) and the whole purport of the pleadings:
On January 22, 2013, the Plaintiff entered into a lease agreement with C (hereinafter “instant movable property”) with respect to movable property listed in the separate sheet (hereinafter “instant movable property”) with C, which is KRW 3,869,630 per month, and KRW 36 months for lease period, and reserved the ownership of the instant movable property during the lease period. If C, the Plaintiff agreed to transfer the ownership of the instant movable property to C, while paying the lease fee.
In addition, A Co., Ltd. (hereinafter referred to as “A”) jointly and severally guaranteed the obligation to be borne by C to the Plaintiff in the foregoing lease agreement.
B. Around that time, the Plaintiff purchased the instant movable property from D pursuant to the foregoing lease agreement, and paid the sales amount in full. D around January 31, 2013, delivered the instant movable property to C.
C. From March 2015, C delayed the lease fee of the instant movable from March 2015.
The Defendant filed a claim against A for the provisional disposition of possession, transfer, and prohibition of disposal of the multi-glocking equipment (number of vehicles: 2 vehicles, model name: HNARO-400 tons, and manufacture: secondary test of a corporation: 2 vehicles) in the racing-si.
(2015Kadan257, hereinafter “instant provisional disposition”). On April 8, 2015, the court rendered a provisional disposition order that, under the condition that the Defendant’s possession of the said article should be set off and delivered to the enforcement officer delegated by the Defendant, the enforcement officer should allow A to use the said article on the condition that it does not change the present state, and A shall not transfer the said article, establish the pledge right, perform any other act of disposal, or transfer the said possession or change the title of possession.
Pursuant to the provisional disposition order of this case, provisional disposition was executed around that time.
E. The Plaintiff does not directly possess the movable property of this case.
2. The gist of the plaintiff's assertion is the defendant's provisional disposition of this case.