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(영문) 서울중앙지방법원 2018.06.15 2017가합27735

동산인도 청구의 소

Text

1. The defendant shall deliver to the plaintiff each movable property listed in the separate sheet.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. On April 29, 2016, the Plaintiff purchased each movable property listed in the separate sheet (hereinafter “A”) from A (the trade name before the change: D; hereinafter “A”) and A (hereinafter “each of the instant movable property”) from A, and entered into a contract for transfer or acquisition with the purport of acquiring ownership in KRW 925,00,000, and leasing each of the instant goods to A, and the main contents are as follows.

Article 2 (Methods of Payment and Payment Account for Lease) Where Party A attached a mark, etc. indicating that the leased object is owned by the Plaintiff pursuant to an agreement between the Plaintiff and A, and Party A faithfully fulfilled the terms and conditions of the lease necessary prior to the payment of the purchase price, such as submission of a certificate of acceptance in the form prescribed by the Plaintiff, tax invoice, deposit account, etc. to the Plaintiff, the Plaintiff shall pay the lease price to the designated account on the commencement date of the lease (facility lease).

Deposit of the price of leased goods shall be made into the following bank accounts, and the lease may be commenced by paying an amount excluding a security deposit or advance payment:

(Account omitted). (Transfer and Acceptance of Goods) The place of delivery and receipt for the transfer of ownership and for the lease (lease) are, in principle, the location of the leased goods at the time of the conclusion of this contract, and at the time when A submits the certificate of acceptance under Article II to the Plaintiff, delivery is completed between the Plaintiff and A under this Agreement.

Article 4 (Ownership of Lease Property) The purchase price of the leased property is deposited into the account designated by A of Article 2 of this Agreement, and the ownership of the leased property is unconditional.

A may not claim the ownership of the leased article in any case or for any reason against the plaintiff after the payment of the leased article has been made.

B. In accordance with the above transfer and acquisition contract, the Plaintiff and the Plaintiff each of the instant goods on April 29, 2016, respectively.