(영문) 수원지방법원 안산지원 2018.11.27 2018가단55763 (1)

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(영문) 수원지방법원 안산지원 2018.11.27 2018가단55763 (1)

제3자이의

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1. Defendant A is based on the executory exemplification of No. 188 of the No. 188 of the No. 2017, No. 1010, Mar. 1, 201

Reasons

1. Recognizing facts: Article 5 (Production Price): 97,00,000 of daily gold : 29,000,000 of daily gold - Balance 68,000,000 of daily gold - The balance 68,000,000 of daily gold - The ownership of the machinery in Article 9 (Transfer of Ownership) 1 of the ebbbin ebin ebbin ebbin ebin ebbin) shall be transferred from “B” (Plaintiff) when the cost of manufacture is fully paid. 2) The transfer of ownership from “B” shall be released when the transfer of ownership is completed.

Article 10 (Shipment of Machinery) (1) If Party A fails to comply with the terms and conditions for payment, Party B may freely enter and remove the machinery at any place in which the said machinery exists without Party A’s consent. A. On November 10, 2016, the Plaintiff is a movable property listed in the separate sheet (hereinafter “instant machine”).

(i) 49 million won in the purchase price of the instant machinery, and 48 million won in the purchase price of the remaining CNC machinery, including CNC machinery (total of 97 million won in value-added tax, hereinafter the same shall apply) with respect to 2 parts of CNC machinery,

(B) The sales contract was concluded with the following terms and conditions as the sales contract was set and sold (limited to the parts related to this case).

The plaintiff delivered the above two machinery to the business place of B, but the plaintiff could not pay the balance of the remaining one CNC machinery other than the instant machinery, and the plaintiff removed the said machinery.

In addition, B continued possession of the instant machinery without paying KRW 19 million out of the purchase price, and the Plaintiff filed a lawsuit against B seeking delivery of the instant machinery by the court No. 2018da55770, and was sentenced on July 25, 2018 to the effect that “B shall deliver the instant machinery to the Plaintiff.”

C. Defendant A based on the executory exemplification of No. 188 of the No. 188 of the 2017 deed No. 2010, May 23, 2017, based on the executory exemplification of the notarial deed No. 188 of the 2017 deed No. 2010, May 23, 2017 against Defendant A, Defendant A, based on the executory exemplification of the notarial deed No. 466 of the notarial deed No. 2017, May 2017 by

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