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(영문) 광주지방법원 2014.02.11 2013가단35349

물품 소유권 확인 등

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1. It is confirmed that the attached list is owned by the Plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Facts of recognition;

A. On February 20, 2006, the Plaintiff entered into a lease agreement with the non-party 10 million won as to the general steel structure 230 square meters (hereinafter the Plaintiff’s factory, 230 square meters in general steel structure, which is an annex building among the non-party 1, building, 1, and 3 attached building) and warehouse and appurtenant buildings, the non-party 1, Dong Sung-dong Co., Ltd. and Jeonsung-gun-gun, Jeonsung-gun (hereinafter the Defendant’s factory, 1, and 3 attached building), with the term of 10 million won and 24 months.

B. However, on November 29, 2011, the Gwangju Bank filed an application for voluntary auction with the Gwangju District Court for the entire building and site owned by the said company, and completed the registration of ownership transfer for the building and site on December 14, 2012 at the auction by the Defendant in the said case.

다. 위 경매사건의 감정평가서 중 기계기구 평가명세표에는 Air Compressor[(Model : GMS37, 냉동식 Dryer : 37.5kw, Pre Filter : 5μ-40A, Line Filter : 1-40A, Conlscing Filter : 0.01μ-40A, Receaver Tank : 1.5㎡), 제조사 LG콤프레샤, 감정가 875만원]가 기재되어 있었다. 라.

The “Defendant’s factory’s outer wall is attached with a single-story press room, 26 square meters (hereinafter “the instant press show room”). At that place, the goods listed in the [Attachment List] [one unit for GSG55 Emba and Lbaber tank, one for freezing-type, three for freezing-type, one for freezing-type, and three forter (hereinafter “the instant press show room facilities”).

ii) there is an interest.

E. The Plaintiff and the Defendant concluded a lease agreement on the “Plaintiff factory” at the end of 2012, and the Plaintiff used it as a factory.

The Plaintiff, while operating the factory, has received compressed air from the shower in the instant press room through the pipes, and used it to operate the machinery by being conveyed the compressed air to its factory.

[Ground of recognition] Facts without dispute, Gap 1, 2, 5 (including paper numbers), on-site inspection results, the purport of the whole pleadings

2. The allegations by the parties and the judgment of this Court.