1. The plaintiff's claim is dismissed.

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

1. The following facts are not disputed between the parties or may be acknowledged by adding up the whole purport of the pleadings to the entries in Gap evidence 1 to Gap evidence 4, and Eul evidence 1 to Eul evidence 2-3:

On June 2010, the Plaintiff entered into an entrustment management agreement with the non-party company on the instant motor vehicle, and completed the transfer of ownership registration under the name of the non-party company on June 22, 2010.

B. Meanwhile, the Defendant, on February 26, 2014, issued a provisional attachment order by Busan District Court 2014Kadan1364 (hereinafter “instant provisional attachment”) with respect to the instant motor vehicle with the claim of KRW 16,203,00 against the non-party company as the preserved right, and completed its execution on February 28, 2014.

On April 15, 2014, the Plaintiff terminated the consignment management contract, and on April 17, 2014, the Plaintiff completed the transfer of ownership in its name with respect to the instant motor vehicle.

2. The plaintiff's assertion that the provisional attachment of this case was made with the knowledge that the plaintiff was entering the non-party company. Since the plaintiff terminated the entrustment management contract and completed the transfer of ownership in the name of the plaintiff, the provisional attachment execution of this case is improper as it was made against the plaintiff's goods, not the debtor.

3. Determination

A. According to a contract entered into between a trucking business operator holding a trucking services license and a trucking business operator who actually owns a motor vehicle, the motor vehicle is registered in the name of the trucking business operator and reverted to the trucking business operator, and, insidely, each borrower conducts a business on his/her own management and account and pays for the trucking business operator, even if each borrower entered into a trucking service contract under his/her name while directly operating and managing the motor vehicle loaded by the trucking business operator, the trucking business operator is in the position of operating and managing the motor vehicle by delegation by the company, which is the owner of the motor vehicle