유체동산인도
All appeals are dismissed.
The costs of appeal are assessed against the Defendant (including the Plaintiff).
The grounds of appeal are examined.
1. As to the ground of appeal No. 1, on the grounds as indicated in its reasoning, the lower court determined that the Plaintiff, as a creditor to return a loan to D, acquired the instant movable property from D in order to secure his claim, as a creditor to return the loan, and Defendant C did not purchase it in the instant auction procedure because the instant movable property was not included in the objects of auction of the instant auction procedure, and Defendant C did not bona fide acquire the ownership of the instant movable property.
Upon examining the record, the judgment of the court below is just, and there is no error in the misapprehension of legal principles as to the object of auction and bona fide acquisition.
2. As to the ground of appeal No. 2, on the grounds as indicated in its reasoning, the lower court determined that the Defendants could not be deemed to have acquired commercial lien on the instant movable property, on the grounds that it was erroneous that Defendant C purchased the instant movable property at the auction procedure, and that Defendant C leased it to the Defendant Lessee Co., Ltd. (hereinafter “Defendant Co., Ltd”) and did not have commenced possession of the instant movable property according to the intention of Defendant C Co., Ltd. D and D on the grounds of commercial activity.
Upon examining the record, the judgment of the court below is just, and there is no error in the misapprehension of legal principles as to commercial lien.
3. As to the grounds of appeal Nos. 3 and 4, the lower court, on the grounds as indicated in its reasoning, determined that the Plaintiff’s claim against the Defendant Company on behalf of the Plaintiff for delivery of the instant movable property to the Plaintiff, and that the Defendant Company’s delivery of the instant movable property to the Plaintiff did not result in an unjust infringement of equity among creditors against D.
Examining records, the lower court’s recognition and determination are as follows.