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(영문) 수원지방법원 2018.02.08 2016나64739
동산인도
Text

1. Revocation of the first instance judgment.

The Defendants deliver to the Plaintiff the movable property indicated in the attached Form.

2. The total cost of the lawsuit.

Reasons

1. There is a lot of dispute as to who owned ownership and management authority of the instant letter of credit. However, in the instant case, only the facts concerning the ownership and possession of the instant water tank directly related to the cause of the instant claim were organized. A.

The Plaintiff is a company established on June 12, 2001, and Defendant C (hereinafter “Defendant C”) is a company established on July 21, 2013, and Defendant B is the representative director of the above Defendant C.

B. Around September 26, 2008, the Plaintiff entered into a construction contract with Jinsung Co., Ltd. with the content of the construction cost of KRW 65 million for the water tank (hereinafter “water tank in this case”) as KRW 65 million for the construction cost, from October 1, 2008 to October 30, 2008, and installed the water tank in this case around October 2008.

C. On October 20, 2009, G alleged that G is the actual owner of the instant private letter of interest.

If the purport of the entire argument is added to the written judgment (Evidence A7) and Evidence A9 (Agreement) of the relevant case, the court below concluded an agreement that Eul C&C purchased on February 18, 2002 all the buildings including the instant letter, and around July 2003, J and J (Evidence A7) granted the representative of J and J with the authority to appropriate for the repayment of KRW 1.5 billion paid by J as security of letter, goodwill and private letter, (Evidence A7) on August 21, 2004. The above J acknowledged G as the owner who conforms to the substantive rights of the entire building as a whole, and agreed that J’s transfer registration was at least during the period of the transfer registration (Evidence A9); J acknowledged the legitimate management authority of the above letter, as the management authority of the company and the pertinent shares and the Plaintiff’s consent thereto (Evidence A7) on October 205, 205.

F. buildings in Gunposi D, E.

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