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(영문) 창원지방법원 2017.03.09 2016나53927
제3자이의
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff’s facility leasing agreement and corporeal movables provisional disposal 1) The Plaintiff is a stock company B (hereinafter “B”) on November 13, 2013.

B) As to the Boring Machine 2, the Plaintiff’s model name CNC110, EM3050 (hereinafter “1 machinery”), model name BD-200 Q, manufacturing number 142554 (hereinafter “2 machinery”) (hereinafter “the instant facility leasing agreement”) with the Plaintiff, while reserving the Plaintiff’s ownership of each machinery, the facility leasing for 48 months during the lease period and transferring each of the above machinery to B after the expiration of the lease period (hereinafter “the instant equipment leasing agreement”).

(2) The Plaintiff purchased the instant machinery Nos. 1 and 2 from C, and transferred each of the said machinery to B according to the instant facility leasing agreement, and had the Plaintiff install it in Kimhae-si, an address of the place of business.

3) Since then, as the Plaintiff did not pay the rent, the Plaintiff notified on June 1, 2015 that B would take measures such as termination of the contract and return of machinery of this case when the Plaintiff failed to pay the rent. Nevertheless, the Plaintiff did not return the instant machinery Nos. 1 and 2 to the Plaintiff without paying the rent in arrears. Upon receipt of an application against B for a provisional disposition prohibiting possession, transfer of corporeal movables and disposal of corporeal movables under the Changwon District Court 2015Kahap161, the Plaintiff executed disposal of 1 and 2 of this case on July 14, 2015 as the Changwon District Court 2015Ka196. B. On July 29, 2014, the Defendant prepared a notarial deed model No. 1 and 30 No. 1630 No. 1630 No. 9630 No. 9630 No. 965 No. 1964 notarial deed with the purpose of notarial Deed No.

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