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(영문) 수원지방법원 성남지원 2018.02.07 2017가단14849

유체동산인도

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 13, 2016, the Plaintiff filed an application for compulsory execution against each of the corporeal movables listed in the separate sheet, including each of the instant corporeal movables located within the two Dongs of Gwangju City D and E ground buildings (hereinafter “each of the instant buildings”) with the title of execution No. 229, 2016, which was signed by a notary public, as the title of the Han-gu Law Firm Han-gu, 2016.

(C) Sungnam District Court 2016No. 2699). (b)

On November 3, 2016 from the procedure for compulsory auction (hereinafter “instant compulsory auction procedure”), each of the corporeal movables listed in the separate sheet was executed on November 3, 2016. On January 5, 2017, each of the said corporeal movables was sold to the Plaintiff.

C. After that, on January 15, 2017, the Plaintiff leased each of the instant corporeal movables to F as KRW 3,000,000 each of the instant corporeal movables (the 15th day of each month when the rent was paid).

Meanwhile, the Defendants received a decision to permit sale on May 29, 2017 in the voluntary auction procedure for each of the instant buildings, etc. (U.S. branch branch G, H, and hereinafter “instant voluntary auction procedure”) and paid in full the proceeds of sale 2,937,79,874 on July 7, 2017.

E. However, in the instant voluntary auction procedure, the remarks column of the statement of sale items prepared on April 27, 2017, stated that the list 1 and 2 (each of the buildings of this case) is a low temperature storage warehouse equipped with low temperature storage facilities for the storage of agricultural and fishery products, and stated that “each of the corporeal movables of this case is included in the value of the building, which is an accessory to the low temperature facility.”

F. At present, each of the instant buildings and each of the instant corporeal movables are possessed by the Defendants.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 3, Eul evidence 6 (including each number), and the purport of the whole pleadings

2. Determination

A. According to the above facts-finding determination as to the one claim for the delivery of each of the instant corporeal movables, barring special circumstances.