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(영문) 부산지방법원 2018.12.12 2018가합44094

임차권등기말소

Text

1. On February 6, 2017, the Defendant: (a) on each of the real estate listed in the attached list to the Plaintiff, Busan District Court’s registration office.

Reasons

1. Basic facts

A. The status of the party is the owner of each real estate listed in the separate sheet (hereinafter “each real estate of this case”) as a corporation aimed at maintaining the automobile, etc.

The representative director C, D, and E of the plaintiff and the defendant are in both marital relations.

C and E are punishment relationships.

F and G are the former representative director of the Plaintiff.

B. On March 15, 1994, E is leased a building of J 1,515 square meters and its ground from I on March 15, 1994 and “H Motor Vehicle Maintenance Industry Operator” (hereinafter “instant Maintenance Business Operator”).

(2) On June 8, 2001, L used the automobile maintenance business from around 1994 to around 2001, and C used the automobile maintenance business at the instant maintenance facility. E entered into a contract for the transfer and acquisition of a place of business (facilities, other machinery, etc.) with K and L (representative of his employees), one of its creditors, on May 16, 2001, on the part of the operation of the instant maintenance facility, E entered into a contract for the transfer and acquisition of the instant maintenance facility to the said creditors. 2) L reported the operation of the instant maintenance facility by registering its business from June 8, 2001 in the gold Business Book, and E reported the closure of business as the next day.

C and M (C’s wife D’s wife) were provided as security for transfer the corporeal movables of the instant maintenance office in order to guarantee retirement and payment from L on April 28, 2004.

L made a report on the closure of the instant maintenance office as of December 15, 2004 in the gold business book.

C acquired part of the corporeal movables of the instant maintenance office in a compulsory execution procedure based on the above transfer security, and acquired the remaining corporeal movables by paying a price to a third party who purchased them in the auction procedure.

3) On March 13, 2014, E filed a lawsuit against C and D seeking delivery of movable property and return of unjust enrichment by asserting ownership of the corporeal movables of the instant C and D, but the Busan District Court was justified by C and D on October 31, 2014.