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(영문) 전주지방법원남원지원 2017.11.29 2017가단10139
동산인도
Text

1. The Defendant shall deliver to the Plaintiff each of the corporeal movables listed in the attached Table 1’s list of corporeal movables.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. On October 10, 2005, C Co., Ltd. (hereinafter “Nonindicted Company”) newly constructed an agricultural product processing factory (hereinafter “this factory”) on the ground of the above land on February 16, 201, after completing the registration of ownership transfer with respect to D land of Jeonbuk-gun, Jeonbuk-gun on October 10, 2005 and completed the registration of ownership transfer.

B. On March 16, 2011, Nonparty Company revoked the right to collateral security on October 2, 2014 for each of the instant factories, Jeonbuk-gun E, F-gun E, and F.

As to the maximum amount of debt, 30 million won, G Co., Ltd., and the debtor company, the right to collateral security was established.

C. Thereafter, on August 10, 2011, the non-party company changed the above right to collateral security to a factory mortgage (hereinafter “factory mortgage”) under the Factory and Mining Foundation Mortgage Act (hereinafter “factory Mortgage Act”). On the list of machinery and appliances pursuant to Article 6 of the Factory Mortgage Act, the aforementioned right to collateral security was stated in the attached Table 2, such as the equipment list of machinery and appliances, and the equipment called the “slided manufacturing and storage equipment,” the so-called “slided machine and appliances,” the so-called “slided machine and appliances,” the refluor equipment, the refluor equipment, the slid equipment, the slid equipment, and the water source equipment (hereinafter “the instant machinery and appliances”).

H limited liability company, the transferee of G, based on the instant factory mortgage, applied for voluntary auction of the instant factory to the Jeonju District Court I for another branch court of South Korea, and rendered a decision to commence the auction on February 12, 2015.

E. In the above auction procedure, the Defendant received a decision of permission for sale on July 25, 2016, and completed the registration of ownership transfer for the instant factory on September 6, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3 and 6 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the cause of the claim

A. Following the facts of recognition are as follows: Gap evidence 1, 5, 6 through 10, Eul evidence 4, and 12.

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