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(영문) 의정부지방법원 2015.06.12 2014가합55021
소유권확인
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On March 14, 2003, Samcheon-gun Co., Ltd. (hereinafter referred to as “Seoul-do”) established a collateral security (hereinafter referred to as “instant collateral security”) pursuant to the former Factory Mortgage Act (amended by Act No. 9520, Mar. 25, 2009; hereinafter the same) with respect to the debtor’s real name on several parcels of land and a ground building (hereinafter collectively referred to as the “instant factory”) located in the Gyeonggi-do-gun-gun Factory Site E, Gyeonggi-do-do-gun, the ownership of which are KRW 2,530 square meters. Each of the corporeal movables listed in the separate list (hereinafter referred to as “each of the instant corporeal movables”) was included in the list of the subject-matter of the instant collateral security at the time of the establishment of the said collateral security.

B. On July 30, 2004, 300: (a) on the transfer of 29 corporeal movables containing each of the instant corporeal movables to the F, the latter was possessed at a price of 60,000,000 won; (b) on the other hand, the said corporeal movables were possessed at a price of 60,000 won; and (c) on the other hand

C. On the other hand, on September 3, 2004, the third party transferred each of the instant corporeal movables by possession or amendment in order to secure the payment of KRW 150,00,000 for the existing loan loan debt to the deceased A. On October 8, 2004. The deceased decided on October 18, 2004 that the possession or transfer of each of the instant corporeal movables was prohibited and the provisional disposition was executed on October 18, 2004.

F claimed on September 17, 2007, the District Court Decision 2007Kadan50298, which was the District Court Decision 29 delivered corporeal movables, including each of the instant corporeal movables. On November 27, 2007, the judgment was rendered without holding a pleading accepting the F’s claim on November 27, 2007, which became final and conclusive around that time.

E. On December 21, 2007, the Network A sought delivery of each of the instant corporeal movables against Sam-tae, a District Court 2007Kahap11412, and sought delivery of each of the instant corporeal movables against the Korea Exchange Bank.

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