1. The plaintiff's claim is dismissed.

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

1. The following facts are: (a) the owner of a motor vehicle listed in the separate sheet (hereinafter referred to as “motor vehicle” in this case); (b) the Defendant’s agent as the obligor; (c) the Defendant’s agent as to the motor vehicle in this case, completed the registration of each mortgage on January 16, 2017 of the Seocho-gu Office’s receipt of No. 1123-201608-019386, August 18, 2016; and (d) the establishment of each mortgage on the motor vehicle in this case on March 6, 2017 based on each of the above mortgages; and (c) the Defendant did not dispute between the parties, or was currently conducting the auction procedure after obtaining a voluntary decision to commence the auction on March 6, 2017 with respect to the motor vehicle in this case on March 6, 2017, by comprehensively taking into account the overall purport of arguments in the evidence No. 2 and No. 3.

2. The assertion and judgment

A. The Plaintiff’s assertion entered into the instant automobile sales contract through the employee B, who is an employee of the Yongsanter, and received the vehicle after having paid the price in full.

Therefore, since the Plaintiff is the actual owner and possessor of the instant automobile, an auction for exercising the security right to the instant automobile cannot be allowed.

2. Determination on a claim based on ownership

A. As such, in a lawsuit of demurrer by a third party against a compulsory execution under Article 48 of the Civil Execution Act, seeking the exclusion of the execution of a lawsuit by asserting that there exists a right to prevent the transfer or delivery of the ownership and other objects of execution already commenced, the right which is the cause of such lawsuit may be set up against the execution creditor.

(see, e.g., Supreme Court Decision 2007Da7409, May 10, 2007). In addition, the ground for objection by a third party is not limited to ownership, but is sufficient to prevent transfer or delivery of the subject matter of execution. In a case where the subject matter of execution is not owned by the obligor, it shall be limited to the obligor according to a contractual relationship with the obligor.