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(영문) 부산지방법원 2015.10.21 2015가합5074

제3자이의

Text

1. The Defendant’s notary public against B is an executory exemplification of the notarial deed No. 89, 2015.

Reasons

1. Facts of recognition;

A. On December 24, 2014, the Plaintiff engaged in facility leasing business entered into a lease agreement with B on the movables listed in the separate sheet Nos. 2, including sn beam project, wing wing project, non-power system main body (including snick), tent, screen green, etc., with regard to the following movables.

A facility lease agreement

1. Facility leasing company: The plaintiff;

2. Rental facility user: B;

3. Acquisition cost: 360,000,000 won;

4. Place of installation: Busan Seo-gu C (D apartment, 2nd underground floor).

5. Lease period: 48 months.

6. Lease fees: Up to three occasions, 2,070,000 won, and installments to 7,696,00 won.

7. Security: The real estate (to furnish the secured property by establishing the right to collateral security of at least 25,000 won with respect to the Defendant’s workplace in order to guarantee the implementation of this contract).

8. Subject to the special agreement, B bears part of the cost of the goods and the cost of the import accompanying with respect to the introduction of leased goods under this agreement, Article 5 (Partial Payment, etc. of Price of Goods).

In this regard, B cannot assert the Plaintiff’s ownership, and all ownership belongs to the Plaintiff.

B. In order to carry out the above lease contract, the Plaintiff purchased the instant goods from F, who operated E, and installed the said goods at the said place of installation.

C. The Defendant filed an application for compulsory execution against B’s corporeal movables based on the executory exemplification of the notarial deed No. 89, 2015 with respect to the International Deed No. 89, and on June 25, 2015, Busan District Court’s Busan District Court’s enforcement officer seized the articles listed in the separate sheet No. 2 as Busan District Court’s 2015No3572.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 7, purport of whole pleadings

2. According to the above facts of recognition, since the movables listed in the attached list No. 1 are owned by the plaintiff, compulsory execution against the above movables, which is premised on the ownership of B, shall not be permitted as unlawful.

The plaintiff is recorded in the attached list 2.