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(영문) 의정부지방법원 2017.03.10 2016가단12526
제3자이의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. This Court shall suspend compulsory execution of No. 2016 Chicago105.

Reasons

1. The following facts may be found either in dispute between the parties or in Gap evidence Nos. 1, 2, and 4, evidence Nos. 3-1, 2, Eul evidence No. 1, 2, and Eul evidence No. 3-1, 2, Eul evidence No. 1, and 1-2, respectively.

C From the Government of the Gu, from E, leased the F 1st floor store (road name address: G 1st floor at the Government of the Gu, hereinafter “Lease object”) and operated the food service business (hereinafter “instant store”) with the trade name “H” from the leased object.

B. On May 14, 2015, C drafted a notarial deed, such as the description in paragraph (2) of the claim that borrowed KRW 70 million from Defendant B from Defendant B (hereinafter “instant notarial deed”).

C. On September 16, 2015, the Plaintiff entered into a lease agreement with the Plaintiff (hereinafter “instant lease agreement”) with the terms that the lease deposit amount is KRW 20 million, monthly rent is KRW 4050,000,000 for the leased object of this case, and that the lease is made from E on September 16, 2017 (hereinafter “instant lease agreement”).

(2) On September 17, 2015, the Plaintiff entered into a transfer contract with C on the condition that the franchise of the instant store, the entire unit of facilities, such as waterproof machinery and fish containers, within the leased object of the instant lease, shall be KRW 150,000,000,000, and shall be transferred from C (hereinafter “instant transfer contract”).

On September 21, 2015, Defendant B seized corporeal movables on the movables indicated in the separate sheet (hereinafter “instant movables”) at the seat of the leased object of this case with the title of execution title as the No. 1 deed of this case.

E. On December 21, 2015, the Defendant Limited Company Co., Ltd. (hereinafter “Defendant Company”) entered into a contract with C to supply goods to C and to lend KRW 25 million.

F. C is against the Defendant Company on January 13, 2016.

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