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(영문) 광주지방법원 2015.07.17 2014나11310

동산인도

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

Plaintiff’s assertion

At the time of June 19, 2010, the Plaintiff entered into a contract to lease the instant building and the instant movable property to F with a deposit of KRW 50 million, monthly rent of KRW 300,000,000,000 from June 20, 2010 to June 19, 2012. The said contract contains the content that, upon termination of the contract or termination of the contract, if the partnership corporation is unable to return the deposit to F, the management of the instant movable property was transferred to F. On January 10, 201, when the partnership corporation and F agreed on the above lease contract, the Plaintiff acquired the instant movable property by transfer to F, and the Plaintiff acquired the instant movable property from the Plaintiff on January 15, 201.

Judgment

As alleged by the Plaintiff, it is recognized that the lease contract (No. 1) on the lease of the building of this case and the movable property of this case was made between the Plaintiff and F, and the fact that the acquisition agreement (No. 2) was made between the Plaintiff and F on the movable property of this case.

However, the following facts and circumstances, which are acknowledged as comprehensively considering the overall purport of the pleadings in the statement No. 1-2 and No. 2 of the evidence No. 1-2, i.e., (i) F and G, the representative of F and cooperative corporations, the party to which the above lease contract was made, (ii) there is no evidence to acknowledge that F paid the deposit amount of KRW 50 million to the partnership corporation in accordance with the above lease contract, and (iii) the Plaintiff paid F with F the transfer price of the instant movable property of KRW 107,085,00,000, or with the Plaintiff’s claim against F, thereby recognizing that the Plaintiff acquired the instant movable property in lieu of the repayment.