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(영문) 창원지방법원 2014.07.15 2013가단19697
동산인도
Text

1. The defendant shall deliver to the plaintiff each movable property listed in the separate sheet Nos. 5 and 6.

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

Reasons

1. Basic facts

A. On October 25, 1987, C, the Plaintiff’s father, established and operated D Co., Ltd., a company specializing in automobile antenna (hereinafter “D”), and D was defaulted on March 2, 200.

B. On March 11, 200, E Co., Ltd. (hereinafter “E”) was established on March 11, 200 in order to succeed to D’s business as a measure to recover damage caused by D’s default, and E was granted a right to use various production facilities, including D’s machinery, tools, etc. free of charge on March 15, 200.

C. Afterward, G Co., Ltd. (hereinafter “G”) was awarded a successful bid for the land, buildings, facilities, machinery, etc. owned by D and acquired ownership by paying the price on April 17, 2001.

In consideration of the relationship between C and H, supply relationship for modern automobiles, etc., G consented to use D's machinery, which was used by E, for free use by D.

On September 30, 2010, the Plaintiff entered into a contract for the transfer and takeover of goods (hereinafter “instant transfer contract”) with I, a new company, G, and I (hereinafter “I”).

On September 5, 2013, I notified the Plaintiff that he transferred the right to claim the return of machinery subject to the instant transfer contract to E.

E. The Plaintiff, as Changwon District Court 2010Kadan54941, filed a lawsuit against E, asserting that the Plaintiff acquired the ownership of six types of machinery listed in the separate sheet among the machinery subject to the instant transfer contract (hereinafter “each of the instant machinery”). When referring to the individual machinery, the Plaintiff acquired the ownership of the instant machinery according to the sequence, and filed a lawsuit seeking the delivery of the machinery by asserting that E is possessed.

In the above case, E No. 2 to 6.

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