1. As to the corporeal movables listed in the separate sheet Nos. 8, 10, 11, 12, 16, and 17, Defendant A Co., Ltd.

1. Facts of recognition;

A. On July 17, 2013, the Plaintiff and Chyson Co., Ltd. (hereinafter “Chyson”) concluded a loan contract with a view to securing the repayment of the debt, and entered into a transfer security agreement with respect to the transfer of ownership of corporeal movables No. 8,10,11,12,16, 17 among each of the corporeal movables listed in the separate sheet owned by Chyson by the Plaintiff by means of an occupancy revision (hereinafter “the instant corporeal movables”).

B. As to the instant corporeal movables, Defendant A applied for compulsory execution with Suwon District Court Branch Branch Branch Branch 2015No. 2015No. 3176 based on the executory performance of the executory payment order in the case No. 2015Guj. 988 against Susson, Defendant Korea Pitson Co., Ltd. on the basis of an executory payment order in the case No. 2015Guh 45010 against Susson, Seoul Western District Court Branch 2015No. 3142, Oct. 27, 2015; Defendant B applied for compulsory execution with Suwon District Court Branch Branch Branch Branch Branch Branch Branch Branch 2015Guh 1015777, Nov. 26, 2015.

[Ground of recognition] Defendant A, Korea Ptept Co., Ltd.: Confession (Article 150 of the Civil Procedure Act) as to Defendant B: The fact that there is no dispute, each entry of evidence Nos. 1 through 4, and the purport of the whole pleadings

2. Determination

(a) If a security contract for a movable is concluded with respect to the movable property, and the mortgagee has received it by possession revision, even before completing the liquidation procedure, the mortgagee is not entitled to use and benefit from the collateral, but may exercise his right by asserting that he is the owner of the collateral in relation to a third party.

(see, e.g., Supreme Court Decisions 93Da44739, Aug. 26, 1994; 2006Do4263, Nov. 27, 2008). B.

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