logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2020.07.10 2018가단64803
제3자이의
Text

1. Of the instant lawsuit, the part of the instant lawsuit demanding the denial of compulsory execution against each of the corporeal movables listed in [Attachment 1] Nos. 3 and 5.

Reasons

1. Facts of recognition;

A. The Defendant filed a lawsuit against C for the claim for acquisition amount by the Changwon District Court Decision 2018Gau10822, which became final and conclusive on June 4, 2018 of the said court in the said lawsuit.

B. On July 27, 2018, on the basis of the executory exemplification of the decision on performance recommendation, the Defendant seized each of the corporeal movables listed in attached Table 1 attached hereto as Ulsan District Court D on July 27, 2018.

C. On November 12, 2015, the Plaintiff leased KRW 50 million to C on November 12, 2015, entered into a security transfer agreement with the content that each of the corporeal movables listed in the attached Table 2 Security Articles List in Yangsan-si, E (Sul-gun, Ulsan-gun, the address transfer place) for the purpose of securing the said loan claim, and received each of the said corporeal movables by means of an alteration of possession.

C’s representative director G entered into a partnership business agreement with H on April 2017, and operated a synthetic resin processing business at a factory located in Yangsan City, but it was suspended from February 2018, and the aforementioned judgment became final and conclusive after being convicted of the crime of embezzlement on the fact that: (a) the Defendant’s representative director was arbitrarily taken out to Culju factory located in the above F (Ulju-gunJ), and embezzled in the manner of failing to comply with the request for return of H, while having kept 42,300,000 won of corporeal movables, etc. listed in attached Table 1 Nos. 1, 2, 7 through 10, and 12, which are owned by H; and (b) the Busan District Court (No. 2018Da4695) was convicted on January 30, 202.

G appealed with respect to the above judgment of the first instance court as Busan District Court 2020No512, but was sentenced to the dismissal of appeal on May 7, 2020, G renounced waived the appeal, and the above judgment of the first instance court became final and conclusive around that time.

E. The Defendant withdrawn the seizure of each of the corporeal movables listed in the Attachment Nos. 3 through 5 on May 26, 2020, during which the instant lawsuit was pending.

[Ground of recognition] Facts without dispute, Gap 1 through 3, 10, 11, Eul 10, 16, 17, respectively.

arrow