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(영문) 의정부지방법원 2015.12.18 2015나54197
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 first instance court.

Reasons

1. Basic facts

A. On November 17, 2006, the Plaintiff entered into a lease agreement between the Plaintiff and C with the name of “D” (hereinafter referred to as “instant lease agreement”) with the Plaintiff, who manufactures and sells machinery in the name of “D”. (2) On November 17, 2006, the Plaintiff sold the automatic adjoining machine as indicated in the attached Table No. 1 (hereinafter referred to as “instant automatic adjoining machine”) to C for KRW 75,00,000, and entered into a lease agreement with the Plaintiff to reserve ownership until the said machine is fully paid by November 30, 2008 (hereinafter referred to as “instant lease agreement”).

3) On July 1, 2011, the Plaintiff is deemed to be the carbamer as indicated in Section C and Section 2 of the Attached List (hereinafter “instant carbamer”).

(4) C added to the leased object of the instant lease agreement, and C agreed to rent KRW 40,00,000 prior to the payment of the purchase price. (4) C paid KRW 43,300,000 out of the total purchase price of each of the instant machinery in this case, and paid KRW 71,70,000,000 still.

B. On October 12, 2009, C entered into a security agreement between the Defendant and C and the execution of a security right thereto. On October 12, 2009, C provided the Defendant with machinery including each of the instant machinery as a security for transfer in order to secure a loan obligation of KRW 600,000,000,000 to the Defendant, a notary public made and issued a notarial deed under a money loan agreement on the security transfer deposit agreement (No. 972), No. 972, 2009, a law firm’s free will. On March 21, 2011, the Defendant, with the title of execution of the said notarial deed as the title of execution, made corporeal movables execution with the Goyang Branch District Court 2011,928 as to each of the instant machinery, and provided the Defendant with a notarial deed as a notarial deed by adding it to the Defendant as a notarial deed, which is a security interest of KRW 600,000,000.

3..

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