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1. The Defendant’s certificate of debt repayment contract No. 755, No. 755, 2016, issued by the joint law office against C by a notary public against C.
Reasons
1. Basic facts
A. On December 6, 2016, the Defendant prepared a notarial deed of debt repayment contract (hereinafter “notarial deed of this case”) with the following content as the No. 7555 of the Do Joint Law Office No. 2016:
SECTION 1. The obligor agrees to assume the obligation to the obligee and to pay the obligation under this Agreement and the obligee has approved the date of occurrence of the obligation. - Kind of obligation - Payment for Goods - Payment for Goods - Payment for Obligations - Payment for Obligations - Payment for Goods - Payment for Goods - Payment for Obligations from December 31, 2016 to March 31, 2020, respectively, shall be payable in installments from the end of each month from December 31, 2016 to March 31, 2020.
Article 3 (Interest) Where a debtor delays the repayment of the principal or interest without any interest (Amount of delayed loss), he/she shall pay damages for delay at the rate of 15% per annum to the creditor delayed principal or interest.
Article 8 (Recognition and Recognition of Compulsory Execution) When an obligor fails to discharge a pecuniary obligation under this contract, the obligor did not object to compulsory execution immediately from the obligee.
Creditor: Obligor C:
B. On July 12, 2018, the Defendant seized the attached list corporeal movables (hereinafter “the instant movable property”) in the form of title with the claim amounting to KRW 29,068,493 as KRW 49,00,00,000, the interest of which was KRW 49,068,493.
[Reasons for Recognition] Evidence No. 9, Evidence No. 1, Evidence No. 1, and the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff asserts that the defendant's execution of seizure based on the claim of this case against C is his own possession of the movable property of this case, so compulsory execution should not be allowed.
B. According to Article 48(1) of the Civil Execution Act, when a third party claims that he/she has ownership on the subject matter of compulsory execution, or that he/she has a right to prevent the transfer or delivery of the subject matter, he/she shall file with the creditor.