A. Whether a decision not to prohibit the possession or transfer of movable property and to prohibit the provisional disposition can become a title to an action by a third party (affirmative);

B. Whether the right to request the delivery of movables from sale can be the title of a third party’s lawsuit (negative)

(a) The holder of the right to prohibit the possession or transfer of the movable property and the provisional disposition has acquired the right to prevent the transfer or transfer of the movable property by the provisional disposition, and thus may bring an action of objection against a third party excluding the execution of the seizure or provisional seizure which has been made thereafter;

B. The right to request the delivery of movable property due to sale cannot be prevented from seizure that took place prior to the above provisional disposition, even if the judgment in favor of the court was rendered in the principal lawsuit of the claim for the delivery of movable property through the possession transfer and provisional injunction after housework, and therefore, it cannot be a legitimate title of the third party’s lawsuit

Article 509 of the Civil Procedure Act

Won Young-hee

Scarin Jae et al.

1. A compulsory execution against the machinery listed in the Attachment No. 1 on August 14, 1986 by the Incheon District Court 86Gaso72, against the non-party Kim Jong-si, and a compulsory execution against each machinery listed in the Attachment No. 1 on June 20 of the same year by the Seoul District Court 86Ka2454, against the same non-party, based on the original copy of the decision of provisional seizure of corporeal movables, against the same non-party.

2. The plaintiff's claim against Defendant Scarin is dismissed.

3. Of the costs of lawsuit, the part arising between the Plaintiff and the Defendant Scarin is assessed against the Plaintiff, the Plaintiff, the Defendant Kim Jong-kin, and the same Scarin.

4. Paragraph 1 can be provisionally executed.

Based on the original copy of the judgment with executory power of 85da7860 of the Incheon District Court on the exchange of the non-party Sho Jae-in and the judgment of provisional execution against the machinery listed in the attached Table 1 of February 18, 1986 and the declaration of provisional execution.

1. First, we examine the claim against the defendant Kim Jong-ro and the same injury and disease union.

On February 28, 1986, the Plaintiff is the cause of the instant claim against the Defendant Kim Jong-si and the same Ansan. On February 28, 1986, the Plaintiff is entitled to set aside the possession of the respondent in the 269-4 machinery located in Doro 269-4, Doro 269-162, the Respondent owned by the Respondent, including the machinery listed in the separate sheet Nos. 1 through 4, and have the Claimant keep the said article in custody of the Respondent under the condition that the Claimant does not change its present situation. The Respondent shall not sell, donate, transfer, establish a security, or take any other action against the said article. The Respondent shall not submit the above purport in a proper manner. The Respondent shall not transfer or change the title of possession to others, and the execution of each of the machinery listed in the separate attachment No. 4 on March 3, 1986 shall be deemed to have been completed by the Seoul District Court's summons No. 28166,278, etc. 1674, respectively.

Therefore, the plaintiff obtained the right to prevent the delivery or transfer of each of the above machinery as to each of the machinery listed in the separate sheet of the defendant Kim Jong-kin and the provisional attachment execution for each of the machinery listed in the separate sheet of the defendant Kim Jong-kin shall not be permitted. Thus, the plaintiff's claim part of this case seeking the exclusion of the above compulsory execution against the above defendants is well-grounded.

2. We examine the following claims against the Defendant Scarin.

On January 20, 1986, the plaintiff had no right to request transfer of the above machinery from the above non-party 1 to the above non-party 2's non-party 8's non-party 2's non-party 2's non-party 2's non-party 2's non-party 1's non-party 2's non-party 8's non-party 2's non-party 1's non-party 6's non-party 2's non-party 9's non-party 2's non-party 1's non-party 6's non-party 2's non-party 9's non-party 2's non-party 1's non-party 6's non-party 2's non-party 1's non-party 2's non-party 1's non-party 6's non-party 1's non-party 6's non-party 1's non-party 6's non-party 1's non-party 2's non-party 9's non-party 2's non-party 9's non-party 2's non-party

3. Conclusion

Therefore, the plaintiff's claim against the defendant Kim Jong-k and the same Sick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick

Judges Kim Jong-k (Presiding Judge)