logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2016.06.24 2015가합3419
제3자이의
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On January 13, 2008, the Defendant prepared a notarial deed stating that “B Co., Ltd. (hereinafter “B”) and “the Defendant shall set up and lend KRW 350 million to B on February 5, 2008 due date, and B shall transfer the ownership of 25 Category 39 machinery, such as a radio rail online machine, owned by the Defendant for the purpose of securing the performance of the above obligation, to the Defendant by means of an amendment of possession, and if B fails to perform the above obligation, it shall immediately be subject to compulsory execution, and that there is no objection thereto.”

B. In addition, on October 23, 2009, the Defendant drafted a notarial deed stating that “The Defendant shall lend KRW 150 million to B on October 31, 2009 due date, and B shall transfer the ownership of 26 items, such as radio online machines owned by the Defendant for the purpose of securing the performance of the above obligation, to the Defendant by means of possession and amendment, and if B fails to perform the above obligation, it shall recognize and recognize that there is no objection even if it is immediately subject to compulsory execution” (hereinafter referred to as “second notarial deed”, and the security transfer agreement in the notarial deed No. 1 and 2 of this case shall be referred to as “instant security transfer”).

C. After that, the Defendant: (a) lent KRW 200 million to B in the foregoing manner as above and prepared a notarial deed to be transferred “BC200” as collateral (hereinafter “instant notarial deed”); (b) lent KRW 100 million to May 25, 201; and (c) as a collateral, a notarial deed to be transferred one “each two-term term of smuggling” (hereinafter “instant notarial deed”); and (d) lent KRW 300 million on July 17, 2013; and (b) as security, the notarial deed to be transferred “BC200” and one “BC200” (hereinafter “instant notarial deed”).

On the other hand, the Plaintiff between B and Dong on November 10, 2014 (hereinafter referred to as “central machine”).

arrow