1. The claim of this case is dismissed.

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

1. The Plaintiff asserts that the ownership of the instant movable property is owned by C (hereinafter referred to as “the instant movable property”) from Co., Ltd. (hereinafter referred to as “Nonindicted Co., Ltd.”) for KRW 40 million.

A lawsuit of demurrer by a third party is sought to exclude the subject matter of execution that has already commenced from the transfer or delivery of ownership or other subject matter. The burden of proving that the subject matter of appeal has ownership or other rights to the subject matter, i.e., the plaintiff who asserts that the plaintiff has the burden of proving that the subject matter of execution has ownership or other rights.

On the other hand, the transfer of ownership of movable property takes effect by delivering the movable property (Article 188(1) of the Civil Act), and the issue of whether the delivery of movable property was made depends on whether the transferor's de facto possession of the transferor's manager of the object can be evaluated to have been transferred to the transferee's control while maintaining the identity of the transferor's possession. Thus, in order to have the delivery of movable property, the transferor must continuously and firmly acquire the control over the object without maintaining the identity of the transferor's de facto control over the object, and the transferor must complete the possession of the object.

(2) The Plaintiff’s assertion that the Plaintiff continued to keep the movable property of this case, which was claimed by the Plaintiff on November 1, 2018, to the non-party company until July 19, 2019 when the seizure was executed without being supplied with the movable property of this case that was ordered on November 1, 201, is in itself an exceptional situation. ② The delivery date and the place of installation are both blanks, ③ the certificate of specification of transactions (Evidence A2) including the details of transactions remitted to the non-party company on June 19, 2018, and (3) the certificate of specification of transactions (Evidence A2) including the details of transactions remitted to the non-party company on June 19, 2018.