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(영문) 창원지방법원진주지원 2020.05.07 2019가단35113
유체동산인도
Text

1. The defendant shall deliver to the plaintiff corporeal movables listed in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Basic facts

A. 1 The grounds for the new construction of the instant building are as follows: Plaintiff (formerly: C) and D Co., Ltd. (hereinafter “D”).

(E) E Co., Ltd. (hereinafter “E”);

A) A sale-type land trust contract (hereinafter “instant trust contract”) around 2015 is deemed to be a sale-type land trust contract.

The Plaintiff concluded the instant trust agreement. The Plaintiff is the truster of the instant trust agreement, and D is the trustee, and E was the first beneficiary and the first beneficiary. The instant trust agreement was the F in Jin-si, Gyeongnam-do, the 4th underground floor and the living accommodation and neighborhood living facilities with the 14th above ground level (hereinafter “instant building”).

(2) E entered into a contract for the instant building construction with D, E newly constructed the instant building in accordance with the said contract, and completed the construction of the instant building on April 2017.

3) On May 18, 2017, D completed the registration of initial ownership as to each section of exclusive ownership of the instant building. B. The Plaintiff sold the part of exclusive ownership of the instant building to consumers, and Nonparty G Co., Ltd (hereinafter “G”) concluded a consignment agreement with multiple buyers and prepared to operate a hotel in the instant building.

2) G was in a state of failure to secure operating facilities necessary for operating a hotel in the instant building. On May 10, 2017, the Plaintiff entered into a contract with G and subsidized KRW 693,648,253 to G for the purchase of operating facilities. G is corporeal movables as stated in the attached Table (hereinafter “instant corporeal movables”) with the said money supported by the Plaintiff.

(3) G began with the hotel business from June 2017 to June 2017 in the instant building.

However, around 2018, disputes arose between the buyer and G of the instant building’s section for exclusive use. Of the buyer of the instant building, not more than 69 persons, such as H, I, and J, among the buyers of the instant building.

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