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1. The Defendant has an executory power over the decision on provisional seizure of corporeal movables (Seoul Northern District Court 2015Kadan3538) against A.
Reasons
1. The following facts are based on the Plaintiff’s seizure of corporeal movables by the Seoul Central District Court No. 2015No. 2726 on May 28, 2015 (hereinafter “instant movable”). The Defendant’s provisional seizure of corporeal movables by the Seoul Central District Court No. 2015Kadan3538 on the instant movable property as the Seoul Central District Court’s 2015Ga1315 on the object A, including the instant movable property, based on the original copy of the ruling on provisional seizure of corporeal movables by the Seoul Central District Court No. 2015Kadan3538 on May 28, 2015, may be recognized by the evidence No. 201
2. Judgment on the plaintiff's assertion
A. When the Plaintiff fully pays the sale price for the instant movable property with A, the purchaser entered into a sales contract for ownership reservation with the content of acquiring ownership, and as the owner of the said movable property failed to pay the purchase price in full, the Defendant cannot execute provisional seizure against the instant movable property based on the decision on provisional seizure against A.
나. 판단 갑 1, 4∽7호증의 각 기재와 변론 전체의 취지에 의하면, 원고가 2012. 8. 30. 이 사건 동산을 A에게 매매대금 31,350,000원에 매도하는 계약을 체결하면서 '6조(소유권의 이전) 본 제품의 소유권은 갑(A을 말한다)이 대금을 완납하였을 때 본건 제품에 대한 소유권을 취득한 것으로 한다
The facts of "the Plaintiff and A" are acknowledged as having agreed to receive a certain amount of the price of the instant movable from the said bank each month in accordance with the comprehensive installment financing agreement concluded between the Plaintiff and the Korea Telecommunication Bank, and that A has returned to the said bank the said bank the payment of the said installment from May 26, 2014, in arreared from May 26, 2014, the Plaintiff paid the said installment amount of KRW 15,069,849.
According to the above facts, A did not fully pay the purchase price of the movable property of this case to the Plaintiff.