Text
1. The corporeal movables listed in the separate sheet Nos. 12 to 28 shall be confirmed as owned by the plaintiff.
2...
Reasons
1. Facts of recognition;
A. The C, D, E, F, G, H, I, and their groundJ driving ranges (hereinafter referred to as the “instant driving range”) in the following cities owned by the Company B, each C, D, E, F, G, I, and facilities necessary for the operation of driving range, such as a steel tower, its physical net, e-mail tank, and lock tank, which are installed within the instant driving range (hereinafter referred to as the “instant driving range”).
B. On February 28, 2008, Han Bank Co., Ltd. (hereinafter “ Han Bank”) completed the registration of creation of a neighboring mortgage with the debtor B and the maximum debt amount of KRW 3.51 billion with respect to the golf practice range in the instant case, and on April 15, 2009, the Seoul Gangseo-gu branch office of the Korea Workers’ Compensation & Welfare Service completed the registration of attachment as to G in Busan-si on the land of the instant golf practice range.
C. On July 27, 2010, the Plaintiff: (a) purchased each of the corporeal movables listed in the attached list, including the instant corporeal movables, in the auction procedure following the seizure of corporeal movables (hereinafter “instant auction procedure”); and (b) paid the proceeds thereof, on July 27, 2010, each of the corporeal movables listed in the attached list, including the instant corporeal movables, at KRW 104,950,000, which was filed by the creditor of the Plaintiff against the instant corporeal movables based on the final judgment.
On the other hand, on June 14, 2013, the Defendant purchased the instant golf driving range in the public sale procedure for the instant golf driving range (hereinafter “instant public sale procedure”), and completed the registration of transfer of ownership on the instant golf driving range by means of public sale under the receipt of the Jeonju District Court’s Doksan District Court’s receipt on July 17, 2013.
[Ground of recognition] The fact that there is no dispute, Gap 1, 2 (if there is a provisional number, including a branch number; hereinafter the same shall apply), Eul 3, 5, 6, and the purport of the whole pleadings
2. The plaintiff asserts that he lawfully acquired the ownership of the instant corporeal movables during the instant auction procedure, and sought the confirmation of ownership.