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(영문) 의정부지방법원 고양지원 2018.08.09 2018가단76237
유체동산인도
Text

1. The defendant shall deliver to the plaintiff the movable property listed in the separate sheet (the location of the land: the case of Pakistan C).

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Facts of recognition;

A. On September 24, 2012, the Plaintiff lent 300 million won to the Defendant (for payment period: repayment period: 100 million won by December 30 each year from the end of December, 2017) and the Defendant prepared a notarial deed that transfers ownership to the Plaintiff by means of possession amendment to secure this obligation (hereinafter “instant movable”).

(A) The Defendant’s wife written a notarial deed with the Plaintiff. The Defendant asserted that D prepared a notarial deed as an agent without the Defendant’s delegation, but there is no evidence to acknowledge it). In the notarial deed above, the Defendant agreed to pay interest of 1.5% per month from the end of October 2012 to the end of every month, and to transfer the instant movable property to the Plaintiff at least three times in arrears.

B. The Defendant did not pay interest more than three times.

【Reasons for Recognition】 Each entry of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. According to the above facts of recognition, since the defendant is obligated to deliver the movable property of this case to the plaintiff, it is so decided as per Disposition.

(A) Although the Defendant asserts that a part of the obligation was discharged, the amount of the obligation alone does not constitute a ground to block the Plaintiff’s assertion.

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