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Reasons
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(영문) 수원지방법원안산지원 2015.07.09 2014가합3303
토지인도 등
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1. The Defendant’s KRW 37,617,618 as well as the annual rate from February 14, 2015 to July 9, 2015, and the next day.

Reasons

1. Basic facts

A. On July 4, 2008, the Defendant entered into a facility lease agreement with B on each of the attached list (hereinafter “instant machinery”) owned by the Defendant, and delivered the instant machinery to B.

B. However, on June 26, 2012, B unpaid the lease price, and on October 23, 2013, B, the shape B, who had been in custody of the instant machinery, sold to the Plaintiff three parts of the machinery (the Defendant’s possession), different from the three parts of the instant machinery, and the total six parts of the machinery, at will, KRW 250 million in the purchase price, and received KRW 31 million in the down payment from the Plaintiff on the same day.

C. On October 25, 2013, the Plaintiff leased 376 square meters of the No. 41 or 307 from the Ildong Co., Ltd. as the rental period of two months and 2.8 million won per month of rent, and the instant machinery was stored in the said warehouse, and the Plaintiff heard from the Defendant on November 12, 2013 that the instant machinery was owned by the Defendant.

Around November 22, 2013, the Defendant followed the bidding procedure for the instant machinery in the warehouse, but the sale was not completed.

E. After that, on December 16, 2013 and January 9, 2014, the Plaintiff sent each of the documents demanding the Defendant to deliver the instant machinery, respectively.

F. On June 1, 2014, the Plaintiff entered into a lease agreement with Busan Metal Co., Ltd. on KRW 1,600,000 per month on the Plaintiff’s land and transferred the instant machinery to the said site.

G. The Defendant handed over the instant machinery on February 13, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, 6 through 16, Eul evidence 3 through 5, 7, and 8 (including the relevant branch numbers), the purport of the whole pleadings

2. The parties' assertion

A. The defendant did not have a storage place despite the plaintiff's demand.

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