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1. On the basis of the original copy of the payment order with executory power of 2013j4428, Seoul Eastern District Court 2014.
Reasons
1. On January 21, 2014, the Defendant: (a) made a seizure execution (hereinafter “instant compulsory execution”) of corporeal movables listed in the Attachment List (hereinafter “instant corporeal movables”) on the attached list attached to Songpa-gu Seoul District Court No. 2013 tea 4428 (hereinafter “instant executive title”) with the executory order of the Seoul Eastern District Court No. 2015 (hereinafter “instant executive title”) as executive title; (b) on January 21, 2014, the Defendant did not dispute between the parties; or (c) recognized the execution of the instant corporeal movables as either Party A’s evidence No. 1, 2, 11, and B’s evidence No. 3.
2. The parties' assertion
A. The plaintiff's assertion that since the corporeal movables of this case are owned by the plaintiff for the following reasons, the defendant's compulsory execution against the corporeal movables of this case on the basis of the title of this case against C and B shall not be allowed.
1) As to the movables listed in the separate list Nos. 1 through 6 among the instant corporeal movables, each of the said corporeal movables was purchased by the Plaintiff and used in the office of this case owned by the Plaintiff. 2) Of the instant corporeal movables, the Plaintiff entered into a sales contract with Almo-Mon Co., Ltd. (hereinafter “ Almo-Mon”), on October 8, 2013, with respect to eight merchandise coupon sales machines listed in the separate list No. 7, and paid KRW 100,00,000 to Almo-Monia at that time, but it is difficult to maintain the total sales contract. After purchasing 10 merchandise sales machines on November 4, 2013 by changing the total sales contract to the purchase contract for merchandise coupon sales machines, it was permitted to use 8 merchandise sales units, which were deposited in the office of this case, and delegated the sale of the office to C by mistake that it was owned by C, and the Defendant committed compulsory execution.
3. Determination
(a) First, evidence Nos. 3, 4, 5, and 6 1, 2, 7, and 8, 9-1, 2, 3, 10, 12, 13, and 14-1, 14.