1. The defendant has the power to execute the payment order of the Busan District Court No. 2014 tea3405 against the Han forest Construction Corporation.

1. Basic facts

가. 당사자들의 지위 원고는 토목건축공사업 등을 영위하는 법인이고, 피고는 ‘B’라는 상호로 펜스설치업을 영위하는 사람이다.

B. On February 26, 2016, the Defendant enforced compulsory execution of corporeal movables on the basis of the payment order (hereinafter “instant payment order”) No. 2014 tea3405 (hereinafter “instant payment order”) against the Han Forest Construction Co., Ltd. (hereinafter “ Han Forest Construction”), on February 26, 2016, on the basis of the Busan District Court’s 2014 tea3405 (hereinafter “the instant payment order”).

(C) Changwon District Court 2016No. 318

On the other hand, on March 11, 2016, this Court accepted the Plaintiff’s application in the case of suspending compulsory execution (No. 2016Kadan33, this Court rendered a decision ordering the suspension of compulsory execution against each pents of this case by the time the judgment of this case is rendered.

[Ground of recognition] Facts without dispute, Gap evidence 2-1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The parties’ assertion 1) Since each of the instant fences attached by the Plaintiff is owned by the Plaintiff, the Defendant’s compulsory execution against each of the instant fences under the instant payment order should not be permitted on the premise that the Plaintiff owned the Plaintiff’s own property. (2) The Defendant’s each of the instant fences is owned by the Han River Construction Co., Ltd., Ltd., and the Plaintiff’s own property of Han River Construction Co., Ltd., Ltd. (hereinafter “Co., Ltd.”) that was manufactured to carry out construction works for Han River Construction from Han River Construction Co., Ltd., Ltd. (hereinafter “Co., Ltd.”).’s own property of Han River Construction. However, the Plaintiff

Even if the Plaintiff manufactured and installed each of the instant fences, the Plaintiff made each of the instant fences in order to install them at the construction site that was received from the Habterck's Ltd. (hereinafter referred to as "Habterk's").