[제][하집1995-2, 3]
Where a lease company lends its own weight to a lessee and registers it in the name of the lessee, the external validity of the ownership;
In cases where a lease company registered the owner in the name of the lessee while leasing its own mid-term, even though the above mid-term period is owned by the lease company and the lease company terminated the lease contract and received a favorable judgment against the lessee by filing a lawsuit for the transfer of the owner's registration of the mid-term period, the lease company still owns the registered name externally until the lease company moves its name to the future, which is the trust company, and thus, the lease company cannot claim ownership against the execution creditor in the external relationship.
Article 186 of the Civil Act, Articles 3 and 4 of the Construction Machinery Management Act
Korean Industrial Lease Co., Ltd. (Attorney Lee Jong-ok, Counsel for defendant-appellee)
Korea Credit Guarantee Fund and three others (Attorney Kim Tae-tae, Counsel for the plaintiff-appellant)
The plaintiff's claim against the defendants is dismissed in entirety.
Litigation costs shall be borne by the plaintiff.
On January 14, 1994, pursuant to the order of provisional attachment case of the member of the party to the Daesan Industry Co., Ltd. (the Kusan Industry Co., Ltd. previously changed; hereinafter the same applies) on the non-party 94Kahap41 on the provisional attachment order of the member of the party, the defendant Dongyang Cement Co., Ltd. against the 94Kahap1295 on August 4, 1994 on the provisional attachment order of the provisional attachment case of the mid-term provisional attachment case of each of the above large-scale industries (hereinafter each of the of the above mid-term provisional attachment cases of each of the above mid-term provisional attachment cases of No. 94Kahap1350 on August 8, 1994, pursuant to the order of provisional attachment of the mid-term provisional attachment case of No. 94Kahap12517 on December 2, 194 on each of the above large-scale industries, the provisional attachment execution order of each of the attached list No. 10.
1. The plaintiff asserts as follows as the grounds for the claim of this case.
A. As for the first half period listed in the attached list (hereinafter referred to as the "first half period of this case"), the owner of each of the above large industry has been registered as of May 10, 191, and as for the second to ten mid periods listed in the same list (hereinafter referred to as the "second half period of this case"), as of April 28, 192.
B. However, on January 14, 1994, pursuant to the order of provisional seizure of the mid-term provisional seizure case No. 94Kahap41 of the party members of the above large-scale industry on the provisional seizure order of the above large-scale industry on August 4, 1994, as to each of the instant mid-term period pursuant to the order of provisional seizure of the mid-term provisional seizure case No. 94Kahap1295 of the members of the member of the member of the member of the member of the Jungyang Cement corporation on August 4, 1994, the defendant Korea Exchange Bank ordered provisional seizure of the mid-term provisional seizure case No. 94Kahap1350 of the members of the member of the member of the member of the member of the member of the Jung Young-gu industry on August 8, 1994, the defendant Asian Automobile Industry Co., Ltd executed provisional seizure against the mid-term provisional seizure order of the
C. However, during the first term of this case, pursuant to the lease agreement between the plaintiff and the above-mentioned industry as of May 15, 1991 and the changed lease agreement as of June 8, 191, the second term of this case was owned by the plaintiff who leased facilities to the above-mentioned industry under the lease agreement as of April 23, 1992 between the same parties and the changed lease agreement as of May 22, 192. However, the second term of this case was merely registered as the owner in the above large term industry pursuant to the provisions of Article 13-2 (1) of the Equipment Lease Business Act, which provides that the owner of the second term was able to register in the name of the lessee in the name of the above large term, and the plaintiff did not pay the above mid term lease fees for each of the above medium term, and thus, the above lease agreement was terminated on August 1, 199 and the judgment of the Seoul High Court rendered as of February 23, 1995.
D. Therefore, the execution of provisional seizure by the Defendants against each of the mid-terms of this case owned by the Plaintiff should not be permitted.
2. However, if, as alleged by the plaintiff, the plaintiff, a lessee company of this case, extended the middle term of this case to the above large industry without being registered as owner in its own name, and registered as owner in the same large industry without being registered as owner, even if the plaintiff and the above mid-term period were to own the plaintiff in an internal relationship between the plaintiff and the above large industry, even if the plaintiff terminated the lease contract for the above large industry and was awarded a favorable judgment against the above large-term industry by filing a lawsuit for the transfer of owner's registration title for each of the above mid-term periods, and the judgment became final and conclusive, the above large-term industry is still owned by the above large-term industry until the plaintiff, a truster, and therefore, it cannot be asserted as an internal ownership against the defendants who are in an external relationship with the plaintiff. Therefore, the plaintiff's claim of this case against the plaintiff seeking the refusal of execution of each of the above provisional seizure against each of the above mid-term period is without merit.
3. If so, the plaintiff's claim against the defendants of this case is dismissed as it is without merit, and the costs of lawsuit are assessed against the losing plaintiff and it is so decided as per Disposition (attached Form omitted).
Judges Jeong-ju (Presiding Judge)