1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. Based on an executory deed No. C 2015, No. 80 of C 2015, the Defendant filed a motion for compulsory execution against Nonparty B on the movables indicated in the separate sheet (hereinafter “instant movables”), and the enforcement officer affiliated with this court seized the instant movables on May 11, 2016.

B. On October 13, 2011, the Plaintiff purchased from co-owners E and F a single-story general restaurant (hereinafter “instant building”) in Seo-gu, Gwangju, a real estate where the instant movable property was sold, and completed the registration of ownership transfer on November 1 of the same year.

C. On November 10, 2012, the Plaintiff entered into a lease agreement with G and the instant building as of November 30, 2015.

The above contract states that “All equipment currently installed shall be returned to the normal state after use (see attached materials).”

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-2, 3, 9, the purport of the whole pleadings

2. Determination

A. The Plaintiff asserted that, after purchasing the instant movable property from H on October 27, 201, the Plaintiff used the instant movable property when concluding a lease agreement with G on the instant building. The Defendant asserted that the instant movable property owned by the Plaintiff was seized, and sought non-permission of compulsory execution.

B. According to the reply of the director of the tax office of Seogju, Gap evidence Nos. 3, Gap 6, 7, and Seogju, G is recognized as having registered the instant real property under the name of Eul after leasing the instant real property and operated a restaurant, but the list of the movable property is not attached to H’s sales contract or G lease contract with H, but the list of the instant movable property does not coincide (such as evidence Nos. 5 and attached equipment) and the list of the instant movable property ( considerable number of movable property not indicated in the current status of attached equipment among the instant movable property). For example, it is not indicated as a producer of electronic equipment in the current status of attached equipment.