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1. The defendant shall each provide the plaintiff with corporeal movables listed in the separate sheet No. 1 and in the separate sheet No. 2.
Reasons
1. Basic facts
A. On May 29, 2015, the Defendant leased all three floors (the same as the entry in the attached Form 1 list, hereinafter referred to as “instant bowling”) among D ground buildings owned by C and 35, Suwon-gu, Suwon-si, Suwon-si, Suwon-si, which are owned by the Defendant, from C and 35, to C as the owner’s representative, and run a bowlinging place business with the “F” from September 1, 2016.
B. On October 21, 2016, the Defendant agreed to purchase the three floors of the above building while running the above bowling Business. On January 20, 2016, the Plaintiff, the father of C, borrowed KRW 1 billion from the Plaintiff as the maturity date of reimbursement of the loan amounting to KRW 90 million. At the time of the Plaintiff and the Defendant, in order to secure the above loan obligation, the Plaintiff and the Defendant issued an order to the Plaintiff for the instant bowling Chapter, and transfer all rights, such as business rights, to the Plaintiff, and transfer the ownership of the movable property listed in the separate sheet owned by the Defendant (hereinafter “the movable property of this case”).
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 and 6 (including branch numbers in case of additional number), the purport of the whole pleadings
2. According to the above facts of recognition, the Defendant is obligated to deliver the instant bowling and the movables to the Plaintiff, who is entitled to seek the delivery for the exercise of the security right, as the mortgagee of the instant bowling site’s business right and the movables of this case, except in extenuating circumstances.
On the other hand, the defendant asserts that since the movable property of this case was executed by the defendant's other creditors as a provisional injunction against disposal and transfer of possession, the plaintiff's claim cannot be complied with.
However, in the case of a contract establishing a transfer security right against a movable, the mortgagee can exercise his right by asserting that he is the owner of the movable in relation to the third party except the person establishing the transfer security right.