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1. The Defendant’s notary public against D Co., Ltd. is an executory deed No. 391 of the document of 2018.
Reasons
1. Basic facts
A. On October 16, 2013, the Plaintiff (F Co., Ltd.) entered into a transfer security agreement with H on October 16, 2014, under which the Plaintiff (F Co., Ltd.) transferred the ownership of corporeal movables listed in the separate sheet (road name address:J) located in H on the same day between H and H for the purpose of securing the said loan claim, and received the instant corporeal movables by means of possession amendment.
At the time of the instant transfer contract, the Defendant was carrying K as his agent.
B. On April 19, 2018, the Defendant and D Co., Ltd. drafted a notarial deed under a loan agreement for money consumption with a security for transfer (hereinafter “notarial deed of this case”) with the purport that “A Co., Ltd. shall borrow 150 million won from the Defendant on April 19, 2018 as the due date for payment of KRW 150 million from the Defendant on July 19, 2018, and transfer the instant corporeal movables to the Defendant by the method of possession revision.”
C. On April 25, 2019, the Defendant seized the instant corporeal movables as the title of execution on April 25, 2019, the Suwon District Court L of Suwon District Court.
On the other hand, H concluded a comprehensive transfer and takeover agreement to transfer all of the business of “G” that it operated on November 19, 2015 to D that it is the representative director.
At present, the representative director of D is K on March 30, 2018.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1-4, Eul evidence Nos. 1-3 (including additional number), the purport of the whole pleadings
2. Determination
A. If a security contract for movable property takes place, and the mortgagee takes over it by means of possession revision, even before completing the liquidation procedure, the mortgagee is not entitled to use and benefit from the collateral, but is entitled to exercise the right by asserting that the mortgagee is the owner of the collateral in relation to a third party.