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(영문) 대전지방법원 2018.01.10 2017가합100462
유체동산인도
Text

1. The Defendant limited liability company’s branch Holdings is the Plaintiff, and as to each real estate listed in the separate sheet No. 1 list, August 18, 2016.

Reasons

1. Basic facts

A. The Plaintiff purchased aggregate from an aggregate extraction business entity and supplies it to ready-mixed companies. The Defendant Han Development Co., Ltd. (hereinafter “Defendant Han Development”) is a company whose business purpose is aggregate screening, crushing, aggregate extraction business, etc., and the Defendant limited liability company’s ground trading business (hereinafter “Defendant branch trading”) is a non-metallic mineral manufacturing business, point block production, etc.

B. Around March 22, 2016, Defendant PS Holdings and Defendant One Development concluded a contract for the production of aggregate.

(C) The defendant Dok Holdings has a sand that is not limited to dredging soil that occurred in the development of the defendant Han and Saemangeum Construction Works, etc., so it is requested to classify this sand and make it into sand.

In order to perform the contracted duties, Defendant Han Development installed the attached Form 2 necessary for the crushing and screening of aggregate on August 2016 on the real estate listed in attached Form 1 (hereinafter “instant real estate”).

The object of the Agreement - The real estate listed in attached Form 1 (hereinafter referred to as “instant real estate”), and the terms and conditions of the instant facilities agreement.

1. On August 18, 2016, the Plaintiff (including value-added tax) paid KRW 250 million to the Nonghyup Bank account in the name of Defendant One Development.

② Under the contract, the above money is the purchase price for the instant facilities among the above objects.

③ Defendant Han Development: (a) confirmed that the instant facility was delivered to the Plaintiff on the date of this Agreement, and confirmed that it was delivered (not preparing a separate certificate of facility delivery); (b) granted the Plaintiff the possession, use, and right to benefit on that day; and (c) the Defendant Han Development appears to have been indirectly occupied (the error of “direct contact oil”).

2. Defendant One Development (1) paid the Plaintiff the said KRW 250 million from August 18, 2017 to August 17, 2018, and thereafter paid the instant facilities.

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