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1. The Defendant has an executory power over the purchase price of the goods in Incheon District Court 2014 Ghana28773 against Nonparty B.
Reasons
1. Facts of recognition;
A. On January 28, 2013, the Plaintiff entered into a monetary loan agreement of KRW 61,794,608 with Nonparty B, and the Plaintiff made installment payments of KRW 10 million on the last day of each month from March 2013 to August 2013, and promised to repay the remainder of KRW 1,794,608 as at the end of September 2013, the Plaintiff entered in the separate sheet owned by Nonparty B (hereinafter “instant corporeal movables”) with a view to securing the performance of the said obligation, and a notary public transferred the Plaintiff’s ownership of the goods listed in the separate sheet owned by Nonparty B (hereinafter “instant corporeal movables”), with a view to securing the performance of the said obligation, and drafted a notarial deed by a notary public as at No. 89, 2013.
B. After that, on March 10, 2014, the Plaintiff and B concluded a sales contract with respect to the instant corporeal movables as KRW 74,571,618, and agreed to substitute the purchase price for the outstanding amount for the goods held by the Plaintiff against B. At the same time, the Plaintiff agreed to lease the instant corporeal movables to B from March 10, 2014 to March 9, 2015.
C. On November 13, 2014, the Defendant filed a lawsuit against B against the Incheon District Court 2014 Ghana28773, and rendered a judgment that “B shall pay to the Defendant the amount of KRW 5,863,00 and the amount calculated at the rate of 20% per annum from August 8, 2014 to the date of full payment,” and the above judgment became final and conclusive around that time.
Based on the executory exemplification of the above judgment, the Defendant applied for a compulsory execution against the corporeal movables in this case by the Suwon District Court 2014No9262, and the seizure was executed on December 16, 2014.
[Ground of recognition] Unsatisfy, part of Gap 1-4 (including virtual number), and the purport of the whole pleadings
2. The assertion and judgment
A. If a security contract is concluded on a movable property to determine the cause of the claim, and the mortgagee has received the delivery by the method of possession revision, even before the liquidation procedure is completed, the right to use and benefit from the collateral is not available.