1. The defendant has an executory power to commence the auction auction case B in Incheon District Court, Incheon District Court.

1. Basic facts

A. On June 5, 2012, the Defendant completed the establishment of mortgage on the buses listed in the separate sheet owned by the non-party corporation (hereinafter “non-party corporation”) as indicated in the annexed sheet (hereinafter “the instant bus”). The Defendant completed the registration of mortgage at KRW 42,00,000 for the debtor C and the bond value of KRW 42,00,000.

B. As the debtor C did not repay the above debt, the Plaintiff filed an application for commencement of a voluntary auction of the instant bus against the instant bus with the Busan District Court Branch Branch D (Seoul District Court Branch D) and rendered a decision of voluntary commencement of auction on August 21, 2014. On August 28, 2014, in the course of compulsory execution against the instant bus, each of the corporeal movables listed in the separate sheet (hereinafter “the instant corporeal movables”) attached to the instant bus was also subject to compulsory execution.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. In full view of the statements in the evidence No. 4 through 6 of the judgment as to the cause of the claim and the purport of the entire pleadings in the witness E, the Plaintiff may recognize the fact that the Plaintiff purchased the instant corporeal movables from G operating a sound apparatus sales business, etc. with the trade name of “F” and attached them on the instant bus, and that it is easy to collect the said corporeal movables separately from the instant bus because the instant corporeal movables maintain an independent existence. Therefore, the instant corporeal movables are deemed to be owned by the Plaintiff, and compulsory execution against the instant corporeal movables owned by the Plaintiff is unlawful since they were conducted against the articles not owned by the Nonparty Company, the mortgage holder.

3. If so, the Defendant’s compulsory execution against the instant corporeal movables owned by the Plaintiff around August 28, 2014, based on the executory exemplification of the decision to commence the auction of the automobile auction case B by Busan District Court Branching the Incheon District Court.