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(영문) 전주지방법원 2015.11.11 2014가단36131
동산인도 등
Text

1. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) the movable property indicated in attached Form 2. India List.

2...

Reasons

1. Basic facts

A. On November 25, 2011, Janan Food Co., Ltd. (hereinafter “Kanan Food”) owned by the Non-Party Chang High Traditional Food Co., Ltd. (hereinafter “original Traditional Food”) (hereinafter “original Traditional Food”) “the instant real estate”, “D, E, F, G, H, I, J, K, K, L, and its ground factory building A, B, and D, and C, of the instant real estate.

In addition, the ownership is acquired by winning the machinery and equipment located in the real estate of this case, which was offered as joint collateral under the Factory Mortgage Act, and the "Agricultural Cooperative Federation" is below the National Agricultural Cooperative Federation on the same day.

At the time of the successful bid, the joint collateral security was set up as the list No. 2011-113 of the joint collateral list and the list No. 2011-31 of the Factory and Mining Foundation Mortgage Act on all the real estate and machinery of this case.

B. Since then, on April 12, 2013, upon the application of the Nonghyup, the decision of voluntary auction was rendered with respect to the instant real estate and machinery equipment, and Defendant B acquired ownership on May 30, 2014 upon the successful bid.

C. On the other hand, 'natural Ghana Co., Ltd. (hereinafter referred to as 'natural Ghana')

From June 2012, the Defendant B leased the instant real estate from Janan Food, and manufactured kimchi at this place. From May 30, 2014, Defendant B entered into a lease agreement with Defendant B on the instant real estate amounting to KRW 30 million, monthly rent of KRW 1.8 million.

As natural Ghana did not pay rent deposit and rent, Defendant B, the head office of the instant real estate on July 31, 2014, is Defendant C, the main office of which is the manufacturing of kimchi, etc., and Defendant C, the main office of which is Defendant C.

A. Around September 2014, Defendant C transferred all machinery and appliances located in the instant real estate to Defendant C, and on November 13, 2014, the instant real estate ownership was transferred.

E. At present, Defendant C occupies the machinery and apparatus located in the instant real estate, including the instant movable property.

F. Meanwhile, the Plaintiff around October 2014.

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