The Defendant, as the Plaintiff

(a) deliver movable property listed in the separate sheet;

B. The above A.

the delivery of movable property under paragraph (1).

1. Facts of recognition;

A. On November 20, 2018, the Plaintiff filed an application for compulsory execution against the Defendant regarding corporeal movables listed in the separate sheet owned by the Defendant (hereinafter “instant movable property”) based on the authentic copy of the judgment on the construction cost case against Sejong Special Self-Governing City, Sejong Special Self-Governing City court. On January 13, 2020, the Plaintiff purchased the instant movable property at the highest price as the purchaser on January 13, 2020 and paid KRW 5,500,000,000,000 from the auction procedure for corporeal movables (Seoul District Court D) commenced upon the said application.

B. The Plaintiff attempted to deliver and execute the instant movable on January 22, 2020, but did not receive the instant movable due to the obstruction of the Defendant’s execution. The Defendant currently occupied the instant movable.

[Ground of recognition] Unsatisfy, Gap evidence 1 through 3, 6, 7 (including branch numbers in the case of provisional evidence), Eul evidence 1, the purport of the whole pleadings

2. Determination

A. According to the above facts, inasmuch as the Plaintiff purchased the instant movables during the auction procedure for corporeal movables and paid the full amount of the proceeds therefrom, the Plaintiff shall have the right to claim a delivery of the instant movables to the Defendant, and the Defendant shall have the duty to deliver the instant movables to the Plaintiff, the object of the auction procedure.

B. Meanwhile, the Plaintiff, upon its original request, sought payment of KRW 5,500,000, which is the market price of the instant movable in preparation for cases where it is impossible to execute the delivery of the instant movable.

If a creditor makes a lawsuit by combining the subject claim with additional compensation on behalf of the subject claim, the subject claim is a case where the subject claim is filed in advance in preparation for the case where the original claim for payment is impossible before the judgment becomes final or becomes impossible after the judgment becomes final and conclusive, and the consolidation between the two claims is allowed as belonging to the simple consolidation of the present claim for payment and the future claim for payment.