1. The original copy of an executory deed No. 401 of the 2015 deed drawn up by the defendant as a notary public D office against C.

1. Facts of recognition;

A. On January 6, 2016, the Plaintiff entered into a contract with C and E on the transfer and takeover of goods (hereinafter “instant contract”) stating that “The Plaintiff shall acquire movable property listed in the separate sheet No. 2 (hereinafter “instant movable property”) with C and E (hereinafter “instant movable property”) on the ground that it did not repay the Plaintiff’s deposit and debt to C,” and on the same day, a notary public obtained letter certification as the number of copies 0030 on January 2016, 2016.

B. On January 13, 2016, the Defendant filed an application for compulsory execution with the Incheon District Court 2015No. 201263 based on the executory exemplification of the notarial deed No. 401, 2015 No. 301, the Defendant issued a seizure execution (hereinafter “instant seizure execution”) on the movables indicated in the attached list No. 1, including the instant objects.

[Ground of recognition] The facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 3 (the evidence attached with a provisional number shall include each number), the purport of the whole pleadings

2. Determination on the cause of the claim

(a) If a security contract for a movable is concluded with respect to the movable property, and the mortgagee has received it by possession revision, even before completing the liquidation procedure, the mortgagee is not entitled to use and benefit from the collateral, but may exercise his right by asserting that he is the owner of the collateral in relation to a third party.

(see, e.g., Supreme Court Decisions 93Da44739, Aug. 26, 1994; 2006Do4263, Nov. 27, 2008). B.

As to the instant case, each of the following circumstances revealed in Gap evidence Nos. 1 through 7 (including each of the numbers attached with a serial number) in the facts of the instant recognition, namely, the Plaintiff’s acquisition of the instant goods, etc. for the purpose of the repayment of the Plaintiff’s obligation, such as deposit money, against the Plaintiff between C and E on January 6, 2016, and the instant contract.