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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2017.09.28 2017나829
유체동산인도
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. On December 19, 2008, basic fact-finding chemistry Co., Ltd. (hereinafter “dynamic chemical”) established around 1976 and operated poisonous substance storage business, storage business, and sales business, etc., and established the Defendant by physical division in the warehouse and multimodal transport sector.

On December 24, 2008, the East Sea Chemical completed the registration of ownership transfer on the instant land 6,158 square meters (hereinafter “instant land”) and the four-story warehouse facilities on the instant land (hereinafter “instant building”) owned by the Defendant on December 24, 2008, Pyeongtaek-si 610 Dool-ri 610 Dool-si, Pyeongtaek-si, Pyeongtaek-si (hereinafter “instant land”).

At the time, each storage tank listed in the attached list (hereinafter referred to as “the storage tank of this case”) was installed on the land of this case, and each storage tank listed in the attached list (hereinafter referred to as “the storage tank of this case” and “the storage tank of this case”) were installed on the land of this case.

The auction procedure on the instant real estate, etc. owned by the Defendant was in progress (U.S. District Court A, B, hereinafter “instant auction procedure”), and in the above auction procedure, the appraiser determined that the instant virtual tank and the fruit oxide tank are consistent with each of the instant real estate, and reported the appraised value at KRW 240,00,000,000 each of the instant real estate, and the auction court also included the same tank and the fruit oxide tank in the subject matter of auction.

The Plaintiff Co., Ltd. (hereinafter “the Plaintiff”) purchased the instant real estate, etc. in KRW 30,403,043,00 at the above auction procedure, and paid the price in full on November 4, 2016.

The Plaintiff filed an application for a seizure and collection order with the Suwon District Court 2016TTT No. 20173, May 24, 2016, where the Plaintiff claims the purchase price of goods of KRW 425,125,497 against the East Sea Chemical as the claim for the purchase price of goods.

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