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(영문) 창원지방법원밀양지원 2015.02.06 2013가합33
유체동산인도
Text

1. The primary defendant is attached Form 1B to the plaintiff.

subsection (c),

paragraphs (1) through (3), (5) through (9), and (4).

Reasons

1. Basic facts

A. The non-party mutual savings bank, Mapo-gu (the first mutual savings bank was the "Korea-Mano Credit Depository of Korea", and the trade name was changed on March 22, 2002; hereinafter the "Korea-Mano Savings Bank") filed an application for voluntary auction with the Changwon District Court as a mortgagee who completed the registration of creation of a mortgage around KRW 500,000,000 on February 15, 202 with respect to each of the real estate listed in the separate sheet No. 1 owned by the non-party Dong Young Pung-gu Ltd. (hereinafter the "Dong Young-gu Savings Bank"), and the aforementioned auction procedure commenced on September 16, 2003, which acquired ownership after being awarded a successful bid for the said real estate, machinery, and apparatus on July 26, 2004.

B. On the other hand, on December 25, 2003, when the auction procedure of this case was in progress, the Plaintiff entered into a contract to transfer and take over goods to be transferred movables listed in the attached Table 2 list (hereinafter “movables subject to this case’s factory and freezing warehouse”) located in the factory building listed in the attached Table 6 of the attached Table 1 and the freezing warehouse building listed in paragraph (9) of the attached Table 9 of the same list (hereinafter “instant factory and freezing warehouse building”) in lieu of payment of KRW 560,00,000 with the goods price claim between Dong Young Pung, and agreed to keep the above movables subject to the contract in the factory and warehouse building of this case until the completion of the auction procedure of this case. However, the above movables subject to the contract were those not explicitly stated in the list of objects subject to auction of the auction procedure of this case.

C. On July 22, 2005, Korea-Japan Mutual Savings Bank completed the registration of ownership transfer on each real estate listed in the separate sheet No. 1 list by Busan Solomon Mutual Savings Bank on September 5, 2005, and acquired ownership on the machinery and instruments listed in the same list.

Busan Solomon Mutual Savings Bank on September 23, 2010.

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