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Reasons
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(영문) 전주지방법원 2016.11.23 2015나6299
동산인도 등
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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim against the defendant is dismissed.

3. It is limited to the trial.

Reasons

1. Basic facts

A. On May 22, 2012, the movable property (1) E (the husband of F, the actual representative of the Defendant) indicated in [Attachment List Nos. 1 and 3 (hereinafter “instant movable property”) sold (hereinafter “instant No. 1”) the movable property indicated in [Attachment List No. 1 and 3 (hereinafter “instant Claim No. 1”) to an independent party intervenor (hereinafter “participating”) C (hereinafter “C”).

(2) On November 19, 2013, the Intervenor C leased the instant movable property to the Defendant by June 30, 2015.

(3) “A lease agreement of this case” (hereinafter referred to as “the first lease agreement of this case”) . (3) E requires money such as employee pay and living expenses, etc. on or around February 2014, and it is true that E lent KRW 148,00,000 from GIST by using the aforementioned lease machinery as a disguised security for one’s own machines not owned by the principal, and the said machines offered as security have leased H and D2.

(2) On May 27, 2011, the Intervenor D purchased (hereinafter “instant No. 2”) the movables listed in paragraph (2) of the attached Table No. 2 (hereinafter “instant movable property”) from the I on May 27, 2011. (2) On November 19, 2013, the Intervenor D leased the instant movable property to the Defendant by June 30, 2015 (hereinafter “instant Second Lease Agreement”). (3) E was subject to business suspension on February 2014, and it was necessary to pay money, such as employee pay and living expenses, and used the leased machine as a self-owned machine, and used the leased machine as a collateral and used it as a collateral. (2) The Intervenor D prepared the written statement that the instant movable property was leased KRW 148 million from G to the Defendant on June 30, 2015.

C. On October 3, 2013, the Plaintiff and the Defendant entered into a contract for transfer security (hereinafter “instant loan”) with the Defendant, setting the Plaintiff’s maturity of KRW 150 million as of October 30, 2013 (hereinafter “instant loan”), and thereafter, to secure this.

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