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(영문) 창원지방법원마산지원 2015.07.03 2014가합2501
제3자이의
Text

1. The Defendant’s certificate of Changwon Law Firm Preparation (No. 3033), a notary public with respect to Pung Law Firm, Inc., has the executory power in 2013.

Reasons

1. Facts of recognition;

A. On September 3, 2014, the Plaintiff entered into a transfer security agreement with respect to each of the corporeal movables listed in the attached attachment list (hereinafter “instant corporeal movables”) with a view to securing the obligation of KRW 516,407,610,00,00 for the future lease and interest arising from the lease agreement on August 20, 2013, and a notary public entered into an authentic deed of a contract for debt repayment of the transfer security (hereinafter “instant corporeal movables”) as a means of possession revision.

B. On October 8, 2014 and October 10, 2014, a notary public of the Defendant Pungwon District Court attached the instant corporeal movables on the following grounds: (a) pursuant to an application for compulsory execution (the Changwon District Court Masan Branch Branch 2014No. 990) with the title of execution on a notarial deed for money loan contract for security by means of transfer (hereinafter “notarial deed”).

(hereinafter “Compulsory Execution of this case”). [Ground for recognition] The fact that there is no dispute, Gap evidence 1, Gap evidence 2-1 and 2, and the purport of the whole pleadings.

2. Determination

(a) If a security contract for a movable property has been concluded and the mortgagee has been transferred by means of the occupancy revision, even before completing the liquidation procedure, the mortgagee may claim that the mortgagee is the owner of the property and exercise his/her right against the third party;

(See Supreme Court Decision 93Da44739 delivered on August 26, 1994). According to the above facts of recognition, the Plaintiff acquired the right to collateral security for the instant corporeal movables, barring any special circumstance, and thus, the Defendant’s enforcement of this case ought to be dismissed.

B. On November 5, 2013, the Defendant extended a loan of KRW 99 million on Pungday Co., Ltd. and secured the obligation to the loan.

8. The content of the delivery of the instant corporeal movables as well as the instant corporeal movables by the method of possession and alteration is to be made by the method of possession and alteration.

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