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(영문) 대구지방법원 2015.05.14 2014나15116
소유물반환
Text

1. Of the parts concerning the intervenors of the judgment of the court of first instance, the following parts shall exceed the order to deliver:

Reasons

1. The scope of this court’s judgment in the first instance court requested the Defendants and the Intervenor to deliver the corporeal movables listed in the separate sheet. The court of first instance partially accepted the Plaintiff’s claims against the Defendants and the Intervenor, and appealed to this effect only against the Intervenor. Thus, the subject of this court’s judgment is limited to the part against the Intervenor among the Plaintiff’s claims against the Intervenor.

2. Basic facts

A. Defendant B is a person engaged in the mar acid manufacture and sale business with the trade name “E”, and Defendant C is a child of Defendant B.

B. As of January 10, 2013, the Plaintiff lent a total of KRW 100 million to Defendant B.

(hereinafter “instant loan”). C.

On July 26, 2013, Defendant C, as a debtor, was the joint and several surety of the debtor, and the Plaintiff agreed to make a lump-sum payment of the instant loan until December 30, 2013, Defendant C prepared and executed a notarial deed of a contract for debt repayment with collateral security (No. 776 of 2013, a notary public, a law firm Samcheon-si, a company located in Kimcheon-si, and a notarial deed of this case (hereinafter “notarial deed of this case”).

The Plaintiff, on November 15, 2013 and January 6, 2014, requested Defendant B to return corporeal movables as stated in the instant notarial deed on the ground that Defendant B had received a provisional seizure several times from a third party and lost the benefit of time, and that the loan of this case was not repaid until the said due date.

E. On January 10, 2014, the Plaintiff intended to execute a provisional disposition against the Defendants at the seat of the foregoing E company on January 17, 2014, subject to the Daegu District Court Kimcheon-dong Branch Decision 2014Kadan7, which was rendered a provisional disposition prohibiting the transfer of possession of corporeal movables. However, the said provisional disposition was not executed on the ground that the said place of execution was not

F. On February 6, 2014, the Plaintiff filed against the Defendants on February 6, 2014, Daegu District Court Kimcheon-si 2014Kadan68.

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