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(영문) 광주지방법원목포지원 2019.07.23 2018가합225
동산인도
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. The Defendant Incorporated Incorporated Company B (hereinafter “Defendant B”) purchased the freezing of fishery products listed in the separate sheet (hereinafter “instant freezing warehouse”) from D on January 11, 2017, and received the registration of ownership transfer on January 11, 2017.

B. On January 7, 2016, prior to the purchase of Defendant B, this Court started a compulsory auction (E) for the freezing warehouse of this case, and the detailed statement of the goods to be sold for compulsory auction is stipulated as follows: “A is only the sale of the building, but it is unclear whether the possessor exists a lease relationship, but if it continues to exist, it may be set up against the buyer. The ownership relationship of the other machinery and appliances to be sold is unclear. There is a lien report from the Plaintiff.”

C. In the above compulsory auction procedure, the Plaintiff asserted the claim for construction cost of KRW 2.5 million in total for materials and installation costs for the instant goods installed in the freezing warehouse in the instant case and filed a lien report.

The decision to commence the above compulsory auction procedure was cancelled on April 19, 2017, following Defendant B purchased the freezing warehouse of this case.

E. On February 13, 2017, Defendant C Co., Ltd. (hereinafter “Defendant C”) purchased 247.05 square meters of 247.05 square meters of 1,230.73 square meters of the second floor of the general steel structure assembly type board, which is located in Pyeongtaek-gun F in Jeonnam-gun F through a voluntary auction.

[Ground of recognition] The fact that there is no dispute, Gap 1, 2, 8, Eul 4, and the purport of the whole pleadings

2. On August 5, 2013, the Plaintiff asserted that: (a) purchased each item listed in paragraphs 1 and 2 of the attached list from G from KRW 140,00,000; and (b) thereafter, (c) incurred expenses equivalent to KRW 73,00,000 in installing the said item in the freezing warehouse of this case; and (d) additionally installed each item listed in paragraphs 3 and 4 of the attached list.

At the time, the Plaintiff, in mind of taking over the freezing warehouse of this case, installed the instant goods upon obtaining permission from the owner D.

Therefore, the instant articles are the Plaintiff.

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