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(영문) 대구지방법원경주지원 2019.06.05 2019가단15
물품인도 등
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. On October 27, 2017, the Plaintiff and the rehabilitation debtor C Co., Ltd. (hereinafter “C”) drafted a notarial deed stating that “The gold-types, including movable property listed in the separate sheet (hereinafter “instant movable property”), are owned by the Plaintiff, and is kept by C, and if the Plaintiff’s return is requested, it shall be immediately returned” (No. 1983, 2017).

B. C received a simplified decision on October 31, 2018 from the Daegu District Court 2018 Gohap1013, and the said court appointed the Defendant as C’s custodian on the same day.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 3 (including branch numbers if there are branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the movable of this case is owned by the plaintiff, and the defendant is held in custody, and C is obligated to deliver the movable of this case to the plaintiff.

(3) The plaintiff, the owner of the movable property of this case, is not affected by C's commencement of rehabilitation procedures and is entitled to exercise the right to repurchase of the movable property of this case). Thus, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.

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