1. The construction cost (2017j283) of the Suwon District Court against the Defendant’s Republic of Korea (Seoul District Court) was paid to Nonparty corporation.

1. Basic facts

A. On April 2017, the Plaintiff handed over to Nonparty Co., Ltd. (hereinafter “Nonindicted Company”) the movable property indicated in the attached Table (hereinafter “instant movable property”) to Nonparty Co., Ltd. (hereinafter “Nonindicted Company”).

B. On May 25, 2017, the Defendant applied for a compulsory auction against movable property listed in the separate sheet based on the executory order of payment for the construction cost case No. 2017 tea283, which was issued by the Suwon District Court in Suwon-gu. The Defendant had seized movable property listed in the separate sheet.

(hereinafter “Compulsory Execution of this case”). [Ground of recognition] The fact that there is no dispute, entry of Gap evidence Nos. 3 through 6 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Determination on the cause of the claim

A. The Plaintiff’s assertion that part of the movable property of this case was supplied by the Plaintiff to Nonparty Company, but it was not yet made payment, and it was owned by the Plaintiff, and the remainder is also owned by the Plaintiff as the leased property of the Plaintiff. Therefore, the instant compulsory execution was unlawful as to the Plaintiff’s owned property rather than the property of Nonparty Company, which is the debtor.

Therefore, the compulsory execution of this case should not be permitted.

B. (1) In the event that there is a so-called ownership reservation agreement whereby the seller of the subject matter holds the ownership of the subject matter and transfers the subject matter to the buyer in advance, barring any special circumstances, it is interpreted that the agreement between the parties on the transfer of ownership on the buyer’s future property takes place on the condition that the payment of the price is made on the condition that the buyer will be paid in full.

Therefore, while the price is not paid in full, the seller still holds the ownership of the object according to the above agreement while the buyer receives the object.