1. The Defendant has an executory power of the Seoul Northern District Court 2014Kadan21350 regarding the How Construction Industry Co., Ltd.

1. Facts of recognition;

A. On March 1, 2014, the Plaintiff entered into a contract with the head of Jindo Gun for the supply of 1,000 won per cubic meter of the raw stone buried in each land listed in the separate sheet (hereinafter “instant land”) as indicated in the separate sheet. After reporting the business of screening and crushing aggregate to the head of Jindo Gun, the Plaintiff reported the business of screening and crushing aggregate and selling aggregate from the instant land.

B. (1) On October 27, 2014, the Defendant filed an application for provisional disposition prohibiting the possession, transfer, and disposal of corporeal movables listed in the separate sheet (hereinafter “instant corporeal movables”) entered in the Seoul Northern District Court 2014Kadan21350 by designating the Defendant as the debtor for the fixed construction industry (hereinafter “fixed Co., Ltd.”) and filed an application for provisional disposition against the Defendant. On October 27, 2014, the said court rendered a provisional disposition ordering the Defendant to revoke the possession of the instant corporeal movables and to keep the execution officer, prohibit the transfer of possession, and prohibit disposal thereof (hereinafter “instant provisional disposition order”).

(2) On November 4, 2014, the enforcement officer of the Gwangju District Court’s Maritime Branch Branch, who was delegated for enforcement by the Defendant, issued a provisional disposition on the instant corporeal movables based on the executory exemplification of the instant provisional disposition decision.

C. Meanwhile, from August 2014, Mad Cow Construction did not possess the instant corporeal movables. At the time of executing the instant provisional disposition, the Plaintiff occupied them at the time of executing the instant provisional disposition, and the Plaintiff asserted the ownership of the said corporeal movables against the enforcement officer at the time of executing the instant provisional disposition.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 7, and the purport of the whole pleadings.

2. The assertion and judgment

A. In a lawsuit of demurrer by a third party regarding the cause of the claim, the cause of objection is that the third party asserts that he/she has ownership on the subject matter of compulsory execution, or has a right to prevent the transfer or delivery of the subject matter (main sentence of Article 48(1) of the Civil Execution Act), and that the possessor of the corporeal movables in the execution of corporeal movables.