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1. Defendant A is based on the authentic copy of a notarial deed with the executory power of No. 48 of 2017, written by a notary public, in the form of a law firm.
Reasons
1. Basic facts
A. The PPP factories and the establishment of the right to collateral security under the Mining Resected Act 1) PPP Co., Ltd. are Plaintiff (Withdrawal; hereinafter “Plaintiff”) on July 13, 2015.
2) The instant collateral security (hereinafter “instant collateral security”) is established as to each real estate listed in the separate sheet No. 2 attached hereto, which constitutes a factory land and factory building while receiving a loan from the Fund.
(1) The Factory Mortgage Act (hereinafter referred to as the "factory Mortgage Act") was followed and listed on its list.
(2) At the time of entering into the instant mortgage agreement, the movables listed in the separate sheet No. 1 (hereinafter “instant movables”) were established in a factory building at the time of entering into the instant mortgage agreement, and the Plaintiff and Apex corporation entered the instant movables in No. 2015-386 of the list of machinery and apparatus of the instant mortgage.
B. On November 13, 2015, SP and SP Co., Ltd. entered into a sales contract to sell the instant movable property to SPP on November 13, 2015, and the instant movable property was taken out to EPP to the business place of EP. (2) As EP did not pay the purchase price, the CP and SPP Co., Ltd. were terminated on December 5, 2016.
C. On May 2, 2017, Defendant A applied for compulsory execution against the instant movable property by the Defendants, on the basis of the authentic copy of a notarial deed with executory power under No. 48, 2017, in which the notary public against ENP Co., Ltd. was a law firm, and Defendant B seized the instant movable property based on the authentic copy of the notarial deed with the executory power under No. 214, 2017, in which the notary public’s office against ENP was drafted on June 27, 2017.
Plaintiff
The plaintiff's successor to the claims for the loans and the right to collateral security by the succeeding intervenor is relating to the asset-backed securitization.