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(영문) 의정부지방법원 2017.11.08 2017가단5501
유체동산인도청구 및 사용료 반환
Text

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

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. DMoel owned by the Plaintiff was transferred to the Defendants. This is the case where the Defendants conspired with E, who is the Plaintiff’s private ties, and had the Plaintiff induced the Plaintiff to make a provisional registration in the above Moel, and led the Plaintiff to pressurize it.

The Defendants, as seen above, illegally occupy the items listed in the separate sheet purchased by the Plaintiff within the above Moel (hereinafter “instant items”) after having taken over the above Moel. The Defendants seek reimbursement for the return of the aforementioned items, and for the possession and use of the said items for four years.

B. The Defendants leased the Damoel and acquired the above Mamoel including the instant goods installed within the Mamoel. Thus, the instant goods are owned by the Defendants.

2. Determination

A. On December 2, 2011, Defendant C, from the Plaintiff, on December 2, 201, constitutes “instant real estate” (hereinafter “instant real estate”).

(2) At the time of the above lease agreement, the Plaintiff set the deposit amount of KRW 50 million, monthly rent of KRW 50 million, and KRW 5 million. (2) At the time of the above lease agreement, the Plaintiff set up a provisional registration, instead of March 2, 2012, with the Defendant B, for the establishment of a right to lease on a deposit basis, at the second priority right following the first priority right of the Cheongsung-dong Credit Cooperative, which existed in the instant real estate to the Defendant C. However, on the other hand, on March 2, 2012, the Plaintiff established a provisional registration with the amount of KRW 1.8 billion for the purchase and sale of the instant real estate, and the Defendants cancelled each of the collateral obligations by subrogation for the Defendants

3. After that, the Plaintiff failed to pay the said amount of money subrogated to the Defendants, and on September 17, 2012, between Defendant B and Defendant B, the Plaintiff agreed to transfer attached facilities and equipment necessary for the operation of DMoel including the instant real estate and the instant goods to Defendant B, and on the instant real estate, the principal registration based on the said provisional registration is required.

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