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(영문) 인천지방법원부천지원 2013.08.13 2011가단41309
동산소유권확인 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff owned the instant factory site C, D, and E (hereinafter “instant factory site”) and the steel framed fluorial G, B, and C Dong (hereinafter “instant factory”) on its ground, but F purchased the instant factory site and factory in a voluntary auction procedure on November 4, 1998, and G purchased the instant factory site and factory in a voluntary auction procedure on May 10, 200.

B. On August 18, 2003, K purchased the factory site and factory of this case from G, and completed the registration of ownership transfer on August 18, 2003, H re-purchases it from the name industry, and completed the registration of ownership transfer on December 12, 2007.

C. As a creditor against the registered industry, H applied for a compulsory auction of corporeal movables listed in the attached Table 1 attached hereto, which are located in the factory A Dong of the instant plant, corporeal movables listed in the attached Table 2 attached hereto, and the attached Table 3 in the factory B Dong of the instant plant. On January 14, 2011, the Defendant purchased each corporeal movables listed in the attached Table 1 through 3 at the above auction procedure.

From November 1, 2011 to January 12, 2012, the Defendant: (a) stolen corporeal movables listed in the attached Table 5, owned by the Plaintiff, stored in the factory site of this case at the location of the factory site of this case and the factory operation of this case; and (b) temporarily stolen them.

‘' was prosecuted as facts charged.

[Reasons for Recognition] Each entry in Gap evidence Nos. 1, 17, 18, 19, 22, Eul evidence No. 1 (including each number; hereinafter the same shall apply), and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. (1) The Plaintiff’s assertion (1) acquired the ownership of the following corporeal movables (hereinafter “instant corporeal movables”) at the time of owning the factory site and the factory site of this case.

(1) Three (3) of the corporeal movables listed in the attached Table 1 list (3 x 4 m) (2) of the corporeal movables listed in the attached Table 2 list (1 to 36) third, one (1) of the corporeal movables listed in the attached Table 3 list, and one (1) of the corporeal movables listed in the attached Table 3.

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