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(영문) 광주지방법원 2019.08.14 2019나51832

청구이의

Text

1. Revocation of the first instance judgment.

2. All of the plaintiff's primary claim and the conjunctive claim shall be dismissed.

3. Action.

Reasons

1. Basic facts

A. At around 2009, C newly built E hotel on the ground level with the third underground floor and the 18th ground level on the land level (hereinafter “instant building”) and completed registration of initial ownership on November 23, 2010. Since May 2011, F Co., Ltd operated hotel business in the instant building using the things indicated in the attached list (hereinafter “instant equipment”).

B. On June 2012, the first mortgagee of the instant building applied for a voluntary auction to the Gwangju District Court Seocheon Branch G G, which was decided to commence the auction on June 26, 2012. On February 12, 2014, the Plaintiff paid the sale price at the above auction procedure and acquired the ownership of the instant building.

C. After the instant equipment was seized by the F’s creditors, I purchased the instant equipment at KRW 130 million at the auction procedure for corporeal movables conducted with the Gwangju District Court’s Netcheon Branch H, etc. on August 29, 2012.

I paid the above sale price on February 12, 2013, and acquired the ownership of the instant equipment, and transferred the instant equipment to J on April 26, 2013.

Around 2013, J filed a lawsuit against I, the indirect possessor of the instant equipment, and K, the direct possessor of the instant equipment, claiming the delivery of the instant equipment under the relevant transfer agreement. On November 14, 2013, the said court rendered a judgment of non-litigation citing the J’s claim, and the said judgment became final and conclusive around that time.

E. On October 1, 2013, J transferred the instant equipment to L and M, and L and M transferred the instant equipment to the E Hotel Credit Council (hereinafter “Credit Council”) on March 25, 2014.

F. On the other hand, on March 11, 2014, the Plaintiff applied for an order to transfer real estate to the creditors conference, etc. on the instant building to the Gwangju District Court NAN for a decision of acceptance on March 12, 2014.