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(영문) 의정부지방법원고양지원 2016.06.24 2016가단75834

유체동산인도

Text

1. The defendant shall deliver to the plaintiff each movable property listed in the separate sheet.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Basic facts

A. On January 2010, the Plaintiff purchased and installed two separate parcels of land and three units of the ground factory building, 1041, Yongsan-gu, Yongsan-gu, Busan Metropolitan City, and the Plaintiff purchased and installed one additional unit of land around December 2012 in order to transport cargo inside the aforementioned factory.

(hereinafter referred to as the "each of the instant factories" and the above list shall be referred to as "the instant list". (b)

On December 27, 2013, the Plaintiff leased the term of lease to Nonparty Co., Ltd. by December 27, 2016, with the factory located in the above 1041 Dong-dong as of February 2016, Nonparty Co., Ltd., and the factory located in the above 1048 Dong-dong was leased to Nonparty Co., Ltd. Co., Ltd., Ltd.

C. Meanwhile, on March 27, 2009 with respect to each of the above sites and factory buildings, the Plaintiff concluded a contract to establish a collateral on each of the above real estate with the National Bank of Korea, and the auction procedure based on the above collateral was in progress, and the Defendant acquired the ownership of the above site and factory as the purchaser.

On March 2016, the Plaintiff dispatched a straws to remove a straws installed in each of the instant factories, and the Defendant refused to recover the said machinery, and even at present, the Defendant occupied each of the instant factories and straws.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The following circumstances, which are acknowledged as a whole in light of the purport of the entire pleadings in the determination on the request for extradition, that is, each of the instant factories obtained approval for use on or around 201. The instant list was established separately thereafter, and the instant factories may be separated from each of the above factories without damaging or excessive costs, and may be established in another place after separation. On the other hand, at the time of the auction procedure with respect to the said site and factory buildings.