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(영문) 창원지방법원 2017.05.18 2016가단14976
제3자이의
Text

1. For corporeal movables listed in the separate sheet:

A. The defendant is the Changwon District Court against B and C.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a sales contract with D on August 22, 2013, 2013 corporeal movables listed in the separate sheet (hereinafter “each of the instant machinery”).

(2) The Plaintiff’s ownership of each of the instant machinery was reserved to the Plaintiff before the purchase price was fully paid (hereinafter “the instant sales contract”) is sold in KRW 40,000,000, and the ownership of each of the instant machinery is determined to be reserved to the Plaintiff.

(2) On August 22, 2013, D paid 10,000 won as down payment to the Plaintiff and 10,000,000 won on July 2, 2014, respectively, but D did not pay 20,000,000 won for the remainder of the purchase price.

B. 1) D The final judgment becomes final and conclusive 1) D is a C Co., Ltd. (hereinafter “C”) with the representative of ASEAN on October 14, 2014 as its representative.

2) On November 30, 2016, the court of first instance sentenced the Plaintiff (the Plaintiff) to the effect that “Defendant (C)” was handed over each of the instant machines, and the said judgment became final and conclusive around that time.

(C) Changwon District Court 2016Kadan14969).

The defendant's seizure of corporeal movables is "a machine subject to seizure" based on the original copy of the decision on provisional seizure of corporeal movables by Changwon District Court 2015Kadan10566 on July 7, 2015.

B, including B and C’s corporeal movables (C Changwon District Court 2015Ga193), and on January 11, 2017, the Changwon District Court 2015Kadan80037, which executed compulsory execution to seize the said machinery based on the executory judgment of the Changwon District Court 2015Kadan8037, (C) / [Grounds for recognition] / [In the absence of dispute], Gap’s evidence 1 through 7 (each entry, image, and the purport of the entire pleadings)

2. The assertion and judgment

A. The plaintiff alleged by the parties concerned each of the instant cases where the machinery attached by the defendant and the plaintiff reserved and sold ownership to D.

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