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1. The provisional seizure against Defendant C’s corporeal movables on March 16, 2016 by Seoul Southern District Court 2016Kadan20780 on March 16, 2016.
Reasons
1. Facts constituting the premise of the dispute;
A. Defendant B: (a) based on the executory exemplification of the Seoul Southern District Court Decision 2015Da204308 Decided June 17, 2015 (hereinafter “E”) with respect to each movable property listed in the separate sheet (hereinafter “instant gold type”) on January 22, 2016; (b) based on the executory exemplification of the Seoul East East District Court Decision 2015Da112338 Decided May 18, 2016, Defendant B carried out a double compulsory execution against the instant gold type ② on May 18, 2016, based on the executory exemplification of the Seoul East District Court Decision 2015Da20728 Decided June 29, 2016.
B. Defendant C was subject to the Seoul Southern District Court Decision 2016Kadan200780 on March 16, 2016, the Seoul Southern District Court rendered a provisional seizure of corporeal movables, and Defendant C, based on the executory exemplification of the said decision, conducted a compulsory execution (provisional seizure) as to the instant Category B ③ by the text on March 23, 2016.
C. On June 21, 2016, Defendant D, based on the executory exemplification of the No. 76 of the No. 76 of the No. 2016, Defendant D’s joint office of F notary public for E, and subject to compulsory execution on the No. 335, Jun. 21, 2016.
[Ground of recognition] Each of the facts without dispute, Gap 4, 5, 6, 10, 11, and the purport of the whole pleadings
2. Determination as to the claim against the defendant B
A. On January 26, 201, the Plaintiff asserted that the ownership was reserved until the full amount of the purchase price was paid from E and sold to E in KRW 120,00,000 (hereinafter “the first contract”) and on January 5, 2013, the instant gold type was sold to E in KRW 170,000,000 in total (hereinafter “the second contract”). However, the Plaintiff received only KRW 70,00,000 from E as the purchase price.
Therefore, ① ② ownership of the instant gold type is all.