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1. The Defendant rendered Cheongju District Court Order 2016Kadan774 Decided Cheongju District Court Decision 2016Kadan74 regarding spring of the non-party agricultural corporation.
Reasons
1. Facts of recognition;
A. On May 30, 2013, the Plaintiff entered into a contract with the Happiness Co., Ltd. and the Plaintiff on the production and supply of kimchi-making machinery, including movables listed in the separate sheet (hereinafter referred to as “the instant movables”) in the Happiness Co., Ltd. on the Happiness Co., Ltd., for KRW 280,000,00,000 according to the said contract, and supplied kimchi-making machinery to the Happiness Co., Ltd. on June 20, 2013, and the said contract included the purport that the entire ownership of kimchi-making machinery is reserved for the Plaintiff until Happiness paid the total contract amount to the Plaintiff.
B. Since then, on July 23, 2015, when acquiring the entire business of a more happy Food Co., Ltd., an agricultural company: (a) prepared a letter to the effect that on July 23, 2015, the Plaintiff would pay KRW 253,000,000, out of the unpaid money to be paid to the Plaintiff pursuant to the said contract; (b) however, the said money has not been paid to the Plaintiff until now; and (c) the instant movable property is in possession of
C. The Defendant, based on the original copy of the decision of provisional seizure with executory power in Cheongju District Court 2016Kadan774, Cheongju District Court Cheongju Branch, on spring Co., Ltd., the Defendant executed provisional seizure of the instant movables.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, and 6, the purport of the whole pleadings
2. Determination as to the cause of action
A. In concluding a sales contract of movable property, if the seller delivers the object to the buyer before the seller is paid the price in full, but until the price is paid in full, the so-called special agreement on the reservation of ownership that the ownership of the object is transferred to the buyer at the time the ownership is reserved by the seller and the price is paid in full, the agreement between the parties to the transfer of ownership of the object is concluded.