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The plaintiff's appeal is dismissed.
2. The plaintiff shall bear the total costs of the lawsuit after the appeal.
purport, purport, and.
Reasons
1. Basic facts
A. On September 18, 2014, C Co., Ltd. (hereinafter “C”) intended to import LPG-20k LPG-20k Liquefied Petroleum Gas, a domestic gas container, from a Chinese company, and around that time entrusted D Co., Ltd. (hereinafter “D”) with the transportation of the imported goods, etc.
B. The goods listed in the separate sheet corresponding to the said imported goods (hereinafter “the instant corporeal movables”) are stored in the “K of the IF after having arrived at the port of Busan on November 14, 2014,” which were stored in the Defendant’s K around December 29, 2014, and are thereafter in the same place until now.
C. Meanwhile, on April 1, 2015, E Co., Ltd. (hereinafter “E”) filed a claim for the payment of goods against C on April 1, 2015 with the Busan District Court 2015Kadan21117, and at the same time filed a claim for the provisional seizure of the right to request the delivery of corporeal movables against C under the above court 2015Kadan2905, and the above court rendered a provisional seizure order on April 29, 2015.
E, upon having rendered a favorable judgment on June 24, 2015, and the said judgment became final and conclusive as of August 1, 2015 in the said case, on August 17, 2015, the aforementioned final judgment was based on the Busan District Court’s 2015TTT19376, filed an application for a collection order for the seizure and collection order for the said provisional seizure to be transferred to the original seizure. On August 20, 2015, the said court issued a collection order for the said provisional seizure and collection order on August 20, 2015.
E. On September 15, 2015, E delegated an execution officer with the authority to deliver the instant corporeal movables at will according to a seizure order and a collection order, accompanied by a seizure order against the claim for delivery of the instant corporeal movables.
F. Meanwhile, on September 16, 2015, G Co., Ltd. (hereinafter “G”) which is another creditor, the debtor of the seizure of the right to request the delivery of corporeal movables of the instant case filed an application for compulsory execution of corporeal movables with an execution officer.
G. Subsequent, this case.