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Reasons
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(영문) 인천지방법원 2015.08.26 2015나2188
제3자이의
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1. Revocation of a judgment of the first instance;

2. The Defendant’s notary public against C is a law firm ice No. 168, 2013.

Reasons

1. Basic facts

A. On September 26, 2011, C, who operated a laundry, purchased each of the items listed in the separate sheet (hereinafter “the instant items”) on the laundry machine from the Silice Capital Korea Co., Ltd. (hereinafter “C”) and the Silice Capital, designated by C, and concluded a lease agreement with C on the lease fee of KRW 2,601,30 (36 months for lease). In concluding the lease agreement, C, who purchased each of the items listed in the separate sheet (hereinafter “the instant items”) on the laundry machine, agreed to have the ownership of the instant objects during the lease period.

B. On September 30, 201, where the lease contract is terminated due to the purchase of the instant goods from the shower loan on September 30, 201, and the delay of the shower loan and the lease fee of the lessee C, Orston entered into an agreement to re-purchase the instant goods from the Orston Capital (hereinafter “the re-purchase agreement of this case”). The Plaintiff jointly and severally guaranteed the obligation under the re-purchase agreement of the shower loan to the Orston.

C. Since February 2013, C did not pay rent for the lease, C notified C of the termination of the lease agreement, and on April 17, 2013, notified the Plaintiff of the re-purchase of the instant goods in accordance with the instant re-purchase agreement.

C The obligee D proposed that he/she can recover part of his/her claim against C through the transfer of the instant goods to the Plaintiff. On April 22, 2013, the obligee paid the purchase price under the instant re-purchase agreement in the name of the Plaintiff, and the character capital transferred the instant goods to the Plaintiff on the same day by means of transfer of the right to claim back the instant goods.

E. Meanwhile, on May 21, 2013, the Defendant attached the instant article in C’s laund on the basis of the authentic copy of the No. 168 of the No. 168 of the No. 2013 No. 168 of the No. 2013.

(f).

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