1. The Defendant’s notary public against C is a notarial deed of a monetary loan for consumption, No. 1048, No. 1048, No. 2017, No. D.

1. Basic facts

A. On October 19, 2017, the Defendant and C drafted a notarial deed under a monetary loan agreement to the effect that “The Defendant lent KRW 14,000,000 to C on August 29, 2017, and that it would be paid in installments each month until May 2, 2018,” as a notary public, No. 1048 of the 2017 Document No. D, No. 2017, May 2, 2017.”

(hereinafter referred to as “instant notarial deed”). (b)

On February 25, 2020, the Defendant: (a) attached corporeal movables listed in the attached attachment No. 2 list (hereinafter “corporeal movables listed in the instant seizure list”) located in the Gwangju District Court in the lightyang-si, the domicile of C on February 25, 2020, as the executive title; and (b) attached them to the Gwangju District Court Net

C. On September 1, 2019, the Plaintiff lent KRW 2,163,00 to Nonparty G, a maternal mother, to Nonparty G, and G purchased corporeal movables listed in the attached Table (hereinafter “instant corporeal movables”) with the said money.

On September 24, 2019, in order to secure the repayment of the above loan, the Plaintiff and G drafted a notarial deed under a monetary loan agreement for transfer security (hereinafter “notarial deed for transfer security”) with the purport that “The amount of KRW 2,163,000 in the rent was to be repaid until September 1, 2021, and the ownership of the instant corporeal movables, which is the debtor’s domicile (G) for the purpose of securing the performance of the above loan, is transferred to the Plaintiff by means of an amendment to possession” (hereinafter “notarial deed for transfer security”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, significant facts in this court, the purport of the whole pleadings

2. Determination:

A. 1) Determination on the cause of the claim is based on the following: (a) If a security right holder entered into a security agreement on a movable property and received delivery by means of possession alteration, even before completing the liquidation procedure, the security right to use and benefit from the collateral is not allowed, but can be claimed as the owner of the collateral in relation to a third party (see, e.g., Supreme Court Decision 194Da826, Aug. 26