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(영문) 수원지방법원안산지원 2017.04.05 2016가단20800
제3자이의
Text

1. Each of the plaintiffs' claims against the defendant are dismissed.

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

Reasons

1. On May 28, 2016, D entered into a lease agreement with the Plaintiffs on a shopping mall E and 101 (hereinafter “instant shopping mall”) and operated a restaurant, and terminated the said lease agreement on August 4, 2016, and closed on August 5, 2016.

On August 25, 2016, based on the executory exemplification of a notarial deed under a monetary loan contract No. 279 on No. 2016 by a notary public, the Defendant seized corporeal movables listed in the separate sheet (hereinafter “the instant corporeal movables”) in the instant commercial building on August 25, 2016.

(hereinafter “Compulsory Execution of this case”). 【No ground for recognition’ exists, Gap 1-4 evidence, and Eul 4 each entry

2. The plaintiffs asserted that the corporeal movables of this case are part of the collection period that the plaintiffs paid and accepted the premium to the former lessee F, and they are owned by the plaintiffs who agreed to lease and use the commercial building of this case to D. Therefore, the compulsory execution of this case is not permitted.

In this regard, the defendant argued that D purchased the money borrowed from the defendant, and even if the plaintiff paid the money to the former lessee, the corporeal movables in this case are owned by D and the plaintiffs can only seek the return of the loan against D.

3. Determination

A. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1, 7-2, and 8-10, the following facts: (i) in operating a restaurant in mutual name on the first and second floors of the building including the instant commercial building; (ii) having received premium from the Plaintiff on February 28, 2016 and transferred all of the cafeterias to the Plaintiff on February 28, 2016; and (ii) thereafter, the Plaintiffs can recognize the fact that the instant cafeteria had concluded a lease agreement as seen earlier after executing construction works on the first and second floors of the said building; but (iii) the instant corporeal movables are not purchased by D as alleged by the Defendant.

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