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(영문) 대구지방법원 2016.01.12 2015가단9018

물품인도

Text

1. The defendant shall deliver to the plaintiff the movable property listed in the attached list.

2. The costs of lawsuit shall be borne by each person;

3.Paragraph 1.

Reasons

1. Basic facts

A. On August 16, 2011, the Plaintiff leased KRW 50 million to Nonparty C at an annual interest rate of 39% and due date of repayment on August 15, 2016.

On February 9, 2012, in order to secure the repayment of this loan obligation, C transferred to the Defendant the ownership of the goods listed in the separate sheet and of the flat scooma 300 x 600 x 600 ) and of the ownership of the Dabane 20 mar (new, Jink Daza 355 mar) by means of a change in possession.

b. On December 5, 2012, the Plaintiff made a loan to C at the interest rate of KRW 25 million per annum and on December 5, 2017. On the same day, C transferred the ownership of KRW 320 x 500 to the Defendant by means of an extension of possession of ownership of KRW 25 million (STS 320 x 500) in order to secure the repayment of the loan obligation. On the same day, C drafted a notarial deed (No. 413, 2012, No. 413, a notary public of Yong-Nam-Nam Law Firm) of a contract for the repayment of the loan obligation.

C. However, C did not pay the interest of the above loan to the Plaintiff.

According to Article 6 of the Notarial Deed of this case, "if an obligor delays the payment of this fund, the obligor shall, as a matter of course, lose the benefit of time for the obligation and immediately repay all of the remainder of the obligation."

On April 4, 2014, C and the Defendant drafted a sales contract stating that “C sell to the Defendant a unit of 20 million won a unit of the unification unification hall (270 x 1,000 x 20 x 1,000 x 20 x 45 x 20 x 1 x 1.5 xbling (1.5 x 1.5)”.

E. The items in the attached list of the Notarial Deed in this case are identical to the two unit of the Uniform Round (270 x 1,000 x 20 x 1,00) , the first unit of the Dominma (20 x 45) , and the first unit of the Domins (1.5 x 5 x 1.5 ), which are prepared between C and the Defendant, and currently possessed by the Defendant.

[Ground of recognition] Unsatisfy, A No. 1.