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(영문) 창원지방법원 2017.09.14 2016가단105827
손해배상(기)
Text

1. As to the Plaintiff KRW 93,852,00 and KRW 47,325,00 among them, the Defendant shall pay to the Plaintiff KRW 46,52,00 from April 30, 2016.

Reasons

1. Basic facts

A. On March 7, 2014, the Plaintiff purchased from the Defendant the instant factory building, etc. indicated in the separate sheet (hereinafter “instant water transformation equipment”) and movable property indicated in the separate sheet (hereinafter “instant water transformation equipment”) from the Defendant, including the land for factory and the land non-Dong, Si-dong factory building, Dong-dong factory building (hereinafter “non-Dong and Si-dong factory building”).

(hereinafter “instant sales contract”). B.

On the other hand, Co., Ltd. established a factory mortgage on the machinery in the factory building and water transformation equipment of this case while the Industrial Bank of Korea completed the registration of the establishment of a neighboring mortgage on the factory site and the above-ground mobile factory building in Jin-si, Jin-si, Kimhae-si.

Then, in the public sale procedure following the enforcement of the above right to collateral security on October 31, 2013, the fixed company acquired all of the above land for factory and mobile factory buildings, machinery and water transformation facilities of this case as a public auction.

Accordingly, at the time of concluding the instant sales contract, the Defendant notified the Plaintiff of the fact that the instant water transformation equipment, etc. was included in the subject of public auction, and determined that “the instant water transformation equipment, etc. confirmed as the successful bid list of fixed companies, is owned by the Defendant, and the Defendant will assume the legal responsibility therefor.”

C. On December 1, 2015, the Plaintiff filed a lawsuit with the Changwon District Court 2015da71699 on the ownership verification of the instant water transformation equipment, etc., and was sentenced by the said court on December 1, 2015 to dismiss the claim for the confirmation of ownership of the instant water transformation equipment on the ground that the water transformation equipment of this case was bona fide acquired by the water refining company through public sale, and the said judgment became final and conclusive around that time.

On January 13, 2016, the Plaintiff requested the Defendant to purchase the water transformation equipment of this case from the power plant company or install the water transformation equipment.

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