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(영문) 서울중앙지방법원 2013.06.27 2011가합98681
유체동산인도
Text

1. The Defendant (Counterclaim Plaintiff) Company B and the Defendant C are each movable property listed in attached Forms 1 and 2 against the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. D Co., Ltd. (hereinafter “D”) operated a wedding hall (hereinafter “instant wedding hall”) with the trade name of “F” by leasing three-story buildings on the ground in Gangnam-gu Seoul, Seoul, etc., owned by Defendant C, on the third floor.

B. However, D’s creditors G applied for a compulsory auction of corporeal movables (hereinafter “instant auction”) on the articles owned D in the instant wedding hall as Seoul Central District Court 2010No7606 on the basis of a notarial deed.

Defendant C purchased the subject matter of auction at the instant auction procedure on November 17, 2010, and Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) leased equipment in a wedding hall, including the goods purchased at the instant wedding hall and the instant auction, from Defendant C, and operated wedding hall.

C. From April 13, 2010 to July 22, 2010, the Plaintiff lent KRW 2.97 billion to D. As security for the loan, the Plaintiff entered into a contract for lending money by means of transfer to security with the purport of acquiring each right of transfer to movable property as security listed in attached Table 2 on December 1, 2010, and on December 3, 2010, with respect to each of the above contracts, a notary public was notarized as the Act No. 1675 on December 1, 2010 and No. 1701 on December 3, 2010.

In the auction protocol of the instant auction (hereinafter “the auction protocol of this case”), the list of corporeal movables in the auction auction (hereinafter “the auction protocol of this case”) is indicated as “one point and 294 points,” and “one point” in the quantity column. The list of movables attached thereto is indicated in the name column of 295 points, which are the object of the instant auction. The list of movables appraisal attached thereto is indicated in the name column of 245 points, and the quantity column is indicated as “245 soft,” “246 soft TV,” “247 Computer,” and “248,000 square cooling and heating equipment,” both as “1” or “1.

On the other hand, attached Forms 1 and 2 acquired by the plaintiff by means of transfer.

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