1. The Defendant’s original order of payment order issued by the Jeju District Court 2014 tea601 against Seojin Co., Ltd. is issued.

1. On October 22, 2014, the Defendant applied for a payment order for land use compensation of KRW 50,00,000 and delayed payment damages against Seojin Co., Ltd. (the former trade name before the change: Co., Ltd.; hereinafter “Seojin”), and was issued a payment order as the Jeju District Court Naju District Court 201.

② On March 3, 2015, the Defendant executed a seizure of corporeal movables (hereinafter “instant compulsory execution”) with respect to corporeal movables in attached Form (hereinafter “instant aggregate”) located in the stone collection site owned by Ilyang-si B, etc. (hereinafter “instant work site”) with the original copy of the instant payment order as the executive title.

[Ground of recognition] Facts without dispute and purport of whole pleading

2. The defendant asserts to the effect that the plaintiff has no right to the aggregate in this case and thus has no standing to sue. However, the third party's lawsuit of demurrer that the plaintiff has a right to prevent compulsory execution, and the issue of whether the plaintiff actually has such right is a matter to be determined within the main issue, and therefore, the defendant's main claim for safety is without merit.

3. Determination on the cause of the claim

A. The facts of recognition (i) from around 2008 to the company for the production of aggregate, etc., (ii) from around May 201, 2014, in which the collection of earth and rocks was conducted on the instant work site; and (iii) the creditors, such as C, constituted the claim group (hereinafter “claim group”) around that time.

② On May 8, 2014, Jinjin, Inc., Ltd. (hereinafter “new development”), while attending the site agent D, etc. at the instant workplace, (i) allow the creditors to produce aggregate at the instant workplace, and new development is authorized to use explosives necessary in the process of producing aggregate.