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(영문) 청주지방법원 2018.08.23 2017가단4003
유체동산인도
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 8, 2011, the petitioner EF was awarded a successful bid by G Co., Ltd. around September 8, 201, including internal facilities, including corporeal movables listed in the separate sheet (hereinafter “instant corporeal movables”).

나. 주식회사 G의 실사주였던 H은 2012. 4. 30.경 I으로부터 세신코너와 스낵코너에 대한 임대 보증금 2억 7천만 원을 받고, 4층 기계실 내 열교환기 등 10개 품목 동산(이사건 유체동산과 별개)을 그 담보로 제공하였다.

C. On February 1, 2013, J, which introduced I, was delegated by the said H with the overall supervision and management and operation of remodeling works, and was under management on February 26, 2013, the procedures for voluntary auction of real estate againstF were initiated.

I filed a lawsuit for the confirmation of ownership of movable property with the Gwangju District Court's 13Gahap4548 as the defendant, and on June 19, 2014, the judgment of winning the plaintiff was rendered in favor of ten items of movable property, such as the heat exchange machine in the fourth floor machinery room, which was provided as security, and became final and conclusive around that time.

E. Meanwhile, G was changed in the order of K (or the sole in-house director) on April 27, 2012; L on April 5, 2013; M on April 25, 2013; N on June 11, 2013; K on June 11, 2014; N on August 29, 2014; and H on November 27, 2014.

F. As to the instant corporeal movables, around November 17, 2014, G Co., Ltd. (former representative N) delivered to I as security for the unpaid rental deposit and the amount of electricity gas substitute payment. However, G Co., Ltd did not pay the amount of debt on March 9, 2015, the due date for payment.

After that, on October 12, 2015, I sold the instant corporeal movables to theO.

(J) at the time of possession;

G. On March 16, 2015, the Defendant, as the highest bidder at the voluntary auction procedure against the F (other than the instant corporeal movables), was permitted to sell the said property.

On May 28, 2015, the registration of ownership transfer was completed on May 28, 2015, and the transfer of F real estate was executed on November 4, 2015.

(h) the same seal affixed on November 4, 2015.

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