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(영문) 광주지방법원목포지원 2015.04.21 2014가단53248

제3자이의

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 7, 2012, the Plaintiff, a lessee, entered into a lease agreement with respect to the KNNG industry and the instant fleet, which set forth the total amount of KRW 130 million,677,105 won per month, lease period, and the lease period from February 7, 2012 to 48 months. During the lease period, the Plaintiff reserved the Plaintiff’s ownership during the lease period, and agreed to gratuitously transfer the instant vessel’s purchase price to the KNG industry at the expiration of the lease period. 2) The Plaintiff entered into a contract with A to purchase the instant vessel’s price of KRW 130,000,000,000,000, in order to implement the said lease agreement, and paid the full purchase price to A.

3) A transferred the instant team to the Cheongan-gun-gun 553, the Cheongan-gun, the business establishment of the Twitwon-gun. B. The Defendant, the lease company for the execution of the instant provisional disposition, transferred the instant team to the Twitwon industry and the national industry of the limited company (hereinafter referred to as the “Nan industry”).

(2) On May 7, 2012, the Plaintiff filed a provisional injunction against the transfer of possession of corporeal movables against the instant team by asserting the termination of the lease agreement concluded with the national industry on May 7, 2012, and applying for the provisional injunction against the transfer of corporeal movables as the preserved right. Accordingly, the provisional injunction stated in the purport of the claim (hereinafter “provisional injunction”).

(B) On January 18, 2013, it was executed on January 18, 2013. [Grounds for recognition] without dispute, Gap evidence Nos. 1 through 13, Eul evidence Nos. 1 through 7 (including various numbers, the purport of the whole pleadings)

2. Determination as to the cause of action

A. The Plaintiff’s assertion interferes with the Plaintiff’s exercise of ownership by making a decision on prohibition of possession transfer and provisional disposition and its execution against the instant line, which is owned by the Plaintiff on the ground of the Plaintiff’s claim against the national industry, and the execution thereof must be revoked.

B. The debtor's possession of the object of the relevant legal doctrine 1, ordering the enforcement officer entrusted by the creditor to keep the said custody, and the enforcement officer shall change the present situation.