1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff filed an application for a compulsory auction ( Daegu District Court 2017No2031) with respect to the corporeal movables listed in the separate auction list (hereinafter “corporeal movables of this case”) based on the claim of the Daegu District Court 2007Gahap6295 judgment against Central Alcoholic Beverages of the Central Co., Ltd.

B. The Defendant filed an application for auction of the instant corporeal movables (Tgu District Court 2017No2156) on the basis of the “notarial deed for debt repayment contract for security by means of transfer” with executory power of No. 173 of the Cjoint Law Office 2016, a joint law office No. 2016, which is the same as the Plaintiff’s auction case

C. On September 19, 2017, at the above auction procedure, the Defendant received the instant corporeal movables successful bid, and the Daegu District Court, which is the cause of the auction law, prepared a distribution schedule that distributes KRW 55,290,270 to the Defendant, the mortgagee, who is the mortgagee, the amount calculated by deducting KRW 1,409,730 from the auction price of KRW 56,70,00, the execution cost of KRW 1,409,730.

[Ground] Facts without dispute, Gap 1 to 3 evidence, Gap 1 to 1 evidence, the purport of the whole pleadings

2. The Plaintiff asserts to the effect that the instant corporeal movables are not the same corporeal movables as those acquired by the Defendant through a security by means of a notarial deed under a debt repayment contract with a security for transfer, and that the establishment of a security by means of transfer to the Defendant of the instant corporeal movables constitutes a fraudulent act as being aimed at evading the creditor’s compulsory execution, and thus, the distribution of dividends to the Defendant should be deleted among the instant corporeal movables distribution schedule.

In the event that a contract to establish a security for the transfer of a movable property is entered into and at the same time a notarial deed accepting a compulsory execution in the event of non-performance, a mortgagee may dispose of it in a private way according to the terms of the security for transfer without being based on the execution document, or make it possible to be commercialized by way of settlement after being acquired by himself.