1. The Defendant’s Changwon District Court Masan Branch of Hyundai Co., Ltd. on July 15, 2014 (2014Kadan5232).

1. Basic facts

A. On July 15, 2014, the Defendant filed an application against Hyundai Mutual Assistance Co., Ltd. for provisional seizure of corporeal movables against factory machinery, including each corporeal movable property listed in the separate sheet Nos. 1 through 8, 10, and 11. On July 15, 2014, the Defendant received a provisional seizure order (hereinafter “instant provisional seizure order”).

B. On July 18, 2014, the Defendant applied for the execution of provisional seizure based on the original copy of the instant provisional seizure order, and on July 18, 2014, the provisional seizure against the corporeal movables stated in the said paragraph B was executed.

[Ground of recognition] A without dispute, entry of Gap evidence 5, purport of whole pleadings

2. The parties' assertion

A. The Plaintiff purchased each of the corporeal movables listed in the separate sheet (hereinafter “instant movables”) in the procedure for the compulsory auction of the real estate C’s real estate in Changwon District Court Changwon Branch Co., Ltd., Ltd. (hereinafter “instant movables”) again.

After November 25, 2011, the Plaintiff sold the instant movable property as the ownership reservation book, and Hyundai Mutual Assistance did not pay any balance. Since the payment deadline was extended by December 30, 2014, the Hyundai Mutual Assistance did not pay any balance, the instant movable is still owned by the Plaintiff.

Therefore, the execution of provisional seizure against the movables of this case owned by the plaintiff should not be permitted.

B. While the Defendant entered into a contract for the construction of a factory with the Defendant Hyundai Industrial Complex and entered into a construction project and transferred the instant movable property in lieu of the construction cost on July 12, 2013, the instant movable property is owned by the Defendant. At the time of November 25, 2011, the date when the sales contract was entered into between the Plaintiff and the Hyundai Industrial Group, the ownership reservation book between the Plaintiff and the Hyundai Industrial Group was owned by the Defendant. In fact, the Hyundai Industrial Group only purchased the “Haan-gun D” land indicated as the factory address under the said contract and created the site, and the factory was 18-gilh, 16, the date when the contract was entered into. Therefore, the said contract was retroactively drafted.