beta
(영문) 수원지방법원여주지원 2016.08.10 2016가단372

유체동산인도

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff asserts that the plaintiff holds ownership of the movable property of this case, and the defendant occupies the movable property of this case without authority. Thus, the defendant asserts that the movable property of this case should be transferred to the plaintiff.

As to this, the defendant acquired the business right from the plaintiff and also acquired the movable property of this case together, the ownership of the movable property of this case is against the defendant.

2. The fact that the Plaintiff owned the instant movable property in the past does not have any dispute between the parties, but in full view of the purport of the entire pleadings in the statement in subparagraph 1, the Plaintiff transferred to the Defendant all the rights (including any right in the form of a strike supplied to the Korea Electric Power Corporation through a cooperative) on October 11, 2013 with respect to the share of the PE pipe, water supply and drainage pipes, etc. and the C Cooperatives (hereinafter “C Cooperatives”) operated by the Plaintiff to the Defendant, and the ownership of the inspection facilities (the same as the instant movable property) are transferred to the Defendant (hereinafter “instant transfer contract”), and the Defendant can be recognized as possessing the instant movable property at present. According to the above recognition, it is reasonable to deem that the Plaintiff transferred the ownership of the instant movable property to the Defendant.

As to this, the Plaintiff asserted that D, at the time, operated the Plaintiff Company, could not supply the Plaintiff’s property to the Korea Electric Power Corporation, etc., the Plaintiff established the Defendant Company and entered into the instant transfer contract for convenience in order to maintain the above supply relationship. Thus, according to the loan agreement dated March 1, 2013 between the Plaintiff and the Defendant, the Defendant agreed to lease the said factory from the Plaintiff at KRW 200 million, but the Defendant agreed to lease the said factory from the Plaintiff.