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(영문) 창원지방법원마산지원 2020.04.21 2019가단102027

제3자이의

Text

1. The defendant shall receive on December 9, 2016 from the Changwon District Court Branch Registry of the Republic of Korea with respect to each real estate listed in the Schedule of Attached Property 1.

Reasons

1. Basic facts

A. The parties-related D is a representative as an internal director of E Co., Ltd. (hereinafter “instant company”).

The instant company was operating a factory by leasing each real estate (hereinafter “the instant real estate”) indicated in the separate list of real estate (hereinafter “the instant real estate”) owned by the F Co., Ltd. (hereinafter “Co., Ltd.”) and each movable property listed in the separate list of attached Table 2 owned by G (hereinafter “the instant movable”).

B. The Plaintiff acquiring H’s ownership is the Defendant F and D, in addition to G, the payment order for the part against G in the payment order for the Changwon District Court case No. 2016 tea1870, which was issued by the Changwon District Court.

B with title B, the Changwon District Court Masan Branch I sent the instant movable property owned G to a compulsory auction for corporeal movables.

H on November 2, 2016, after receiving a successful bid for the instant movable in the instant corporeal movables auction, paid the purchase price of KRW 160 million and acquired ownership.

C. On November 11, 2016, D drafted a sales contract for movable property auction goods with H to the effect that the instant movable property is purchased at KRW 180 million between H.

D) On that day, D, by selling the instant movable property at KRW 150 million between the Plaintiffs and the Plaintiffs, continued to use the instant movable property by leasing at KRW 50 million per month and continuing to use it by leasing it at KRW 5 million, and upon the expiration of the lease period on March 31, 2017, “telecommunications equipment and lease contract” was prepared to the effect that the instant movable property will be purchased at KRW 150 million upon the expiration of the lease period.

D On that day, the Plaintiff received KRW 150 million from the Plaintiff to the J bank account (K) in its own name, and transferred the purchase price of KRW 150 million out of the purchase price under the “sales Contract for Property Auction” from H to the M bank account in accordance with H’s direction.

D The purchase price of KRW 15 million under a sales contract for movable property auction shall be KRW 15 million on November 30, 2016, and the remaining KRW 15 million on December 6, 2016.