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(영문) 창원지방법원 통영지원 2018.04.26 2017가합11724
동산인도 청구의 소
Text

1. The defendant shall deliver to the plaintiff the movable property listed in the attached list.

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

3...

Reasons

1. Facts of recognition;

A. The Plaintiff is a juristic person that carries on the construction, remodeling, repair, rescission, and sales of a ship. B is an employee of the Plaintiff, and upon receipt of a request from a prior owner or dispatched technician for the provision of office supplies, etc. necessary for the business pursuant to a contract concluded between the Plaintiff and the Plaintiff, the Plaintiff’s subsidiary company is a person who has been in charge of the business of supplying office supplies, etc. to the prior owner or dispatched technician upon request for purchase, and D is a person who has been in a relationship with B.

B. B was prosecuted on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation), violation of the Act on the Regulation and Punishment of Criminal Proceeds Concealment, violation of the Act on the Regulation and Punishment, etc. of Criminal Proceeds Concealment, and violation of the Act on the Regulation and Punishment, etc. of Criminal Proceeds Concealment, and violation of the Act on the Punishment, etc. of Specific Economic Crimes, and the branch court of the Changwon District Court sentenced the sentence of imprisonment with prison labor for fifteen years and three years and six months

[In the appellate court on July 3, 2017, the Busan High Court reversed the conviction of B and D among the above judgment of the first instance court on July 3, 2017, and sentenced B to imprisonment for 13 years, and imprisonment for 2 years and six months to D (hereinafter referred to as “instant criminal judgment”), and on October 12, 2017, the appellate court on the appeal against B and D was dismissed and the criminal judgment of this case became final and conclusive.

(Supreme Court Decision 2017Do11048). C.

In the course of the investigation into B and D, the movables listed in the separate sheet (hereinafter “instant movables”) owned by B and D were seized, but the instant criminal judgment did not sentence confiscation of the instant movables, and the Defendant currently occupied the instant movables.

B on May 1, 2017, the Plaintiff transferred to the Plaintiff all the rights, such as the ownership and the right to return of the movable property listed in Nos. 2 through 23 among the instant movable property, and around that time, the ownership and the right to return, etc.

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