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(영문) 인천지방법원 2016.02.17 2015가단34153
자동차인도
Text

1. The defendant shall deliver the attached vehicle to the plaintiff.

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

3.Paragraph 1.

Reasons

1. Basic facts

A. B and C were co-owners of the vehicles indicated in the attached Form. In holding the above vehicle maintenance fee of KRW 38,652,790 for the above one person, and the damages for delay thereof, the defendant is keeping the above vehicle in the defendant maintenance factory located in Jung-gu Incheon, Jung-dong, 6-38.

B. On June 18, 2013, the non-party in question as the mortgagee of the said vehicle, and filed an application for auction to exercise the security right (former case number: Gwangju District Court DD). Accordingly, on July 3, 2013, the court of execution rendered a voluntary decision to commence the auction on the said automobile.

Document of Automobile Delivery Execution

1. Having the present occupant attend F at a place of enforcement upon delegation by the creditor by enforcement title (a decision to commence the auction), and after clearly stating that the order of delivery was executed by receiving the said objects of enforcement (attached Form) and possessing by the enforcement officer and attaching an internal notice to the internal address, the following is preserved.

Method of Keeping: Storage to creditors Ariju Capital Co., Ltd.

(b) Place: The above repair factory;

2. This procedure has been completed on the same day 11:24.

This article shall be drawn up at the site and read to the participants in the execution.

Commercial lien claim (a separate note of custody)

C. On July 18, 2013, upon the decision to commence the voluntary auction, enforcement officers completed the delivery of the said vehicle at the above maintenance plant (2013.7832) on July 18, 2013, and issued a custody note (Evidence A3) to the effect that, in the presence of Defendant F et al., the delivery order was executed as follows, and the Defendant’s commercial lien claim was stated in the enforcement protocol, and issued from the above F, a custody note (Evidence A4) to the effect that “the Defendant shall keep the said vehicle at the place of execution subject to the commercial lien.”

On December 30, 2013, the defendant submitted a lien registration statement to the above voluntary auction procedure. On the other hand, the plaintiff purchased the above automobile in the above voluntary auction procedure and purchased it on June 12, 2015.

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