1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The Defendant filed an application for compulsory execution with respect to each of the articles listed in the separate sheet on five parcels, i.e., Jeonnam-do C, and five parcels (hereinafter “instant articles”), based on the authentic copy of the judgment of the Gwangju District Court Maritime Court 2013Gahap336 regarding B fishery partnership corporations (hereinafter “B”), this Court executed a seizure of corporeal movables on February 10, 2015.

[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings

2. The Plaintiff asserted that he/she purchased the instant goods from B on December 11, 2014, and acquired ownership by fully paying the purchase price on December 19, 2014.

Since the subject matter of this case is owned by the plaintiff, compulsory execution against it should be rejected.

3. Determination

A. A. Legal doctrine 1) A lawsuit of demurrer by a third party is a lawsuit seeking the exclusion of enforcement by raising an objection against a compulsory execution that infringes on the ownership or transfer by a third party against the subject matter of enforcement. The burden of proof as to the ground of objection in a lawsuit by a third party, i.e., the ownership of an object subject to compulsory execution, lies in the Plaintiff. The transfer of a real right to a movable becomes effective by delivery of the movable (Article 188(1) of the Civil Act). In cases where a real right to a movable is transferred under a contract between the parties, if the transferor continues to possess the movable, the transferee shall be deemed to have taken over the movable by the method of so-called possession amendment (Article 189 of the Civil Act).

As to the instant case, evidence Nos. 1, 3, 4, and 5 are indicated as evidence that the Plaintiff had purchased the instant goods from B as consistent with the Plaintiff’s assertion.

However, the above evidence is nothing more than the details of the Plaintiff’s sending money to B or D, and it is possible to pay the said money under any other name than the sales amount of the instant goods.