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1. On July 2, 2014, the Defendants based on the authentic copy of the judgment of provisional seizure of corporeal movables by the District Court 2014Kadan2566 against D.
Reasons
1. Basic facts
A. The Plaintiff was a person registered as a business operator of E (the former trade name “F,” hereinafter “E”), and G was a actual operator of E as the Plaintiff’s father.
(hereinafter “Plaintiff and G”) around September 24, 2013, the title holder of E’s business registration was changed from the Plaintiff to D.
B. As to the H building in Yangju-si, ① the Plaintiff and Defendant B entered into a contract with each of the Plaintiff to lease the said building from Defendant B on April 20, 2013 and May 10, 2013, and ② around September 15, 2013, D and Defendant B entered into a contract with Defendant B to lease the said building.
D Around September 10, 2013, around September 10, 2013, the Defendant C Co., Ltd. (hereinafter “Defendant C”) drafted a letter of non-performance that KRW 20,00,000, out of the existing debt 64,58,000 against Defendant C (hereinafter “Defendant C”), would be paid until September 16, 2013, until September 16, 2013, and paid KRW 2,20,00,000 to Defendant B on January 29, 2014.
Article 10 Ownership of Goods
1. The Plaintiff only has the right to possess and use the goods under this Agreement during the lease period, and in no case does it transfer the ownership and other rights to the goods to the Plaintiff.
3. Even if the Plaintiff bears part of the acquisition fund in acquiring an article, the ownership of the article is to entirely belong to the filial capital.
C. On April 16, 2013, the Plaintiff and filial Capital Co., Ltd. (hereinafter “Cypy Capital”) purchased each movable property listed in Articles 1, 3, and 4 of the [Attachment List (hereinafter “instant leased property”) from I and subsequently purchased the movable property from the Plaintiff on or around 36 months from the date of issuance of the certificate of acceptance of the lease term (or the date of designation of the en banc Capital within 3 months from the date of designation of the en banc Capital), the contract deposit of KRW 40,800,000, and the lease fee of KRW 1,985,787 (hereinafter “instant lease agreement”).