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(영문) 춘천지방법원 2019.01.08 2018구합50534
사업정지처분취소청구
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On September 21, 1998, the Plaintiffs obtained a license for a high-pressure gas filling business from the Defendant, and run a high-pressure gas filling business under the trade name “D” at Gangwon-gun C (hereinafter “instant business establishment”).

B. On October 28, 2004, E’s corporeal movables auction No. 2003No1534, Oct. 28, 2004 (hereinafter “instant auction”) is called the instant auction.

(B) gas shock electricity (F, tank capacity 35 km, hereinafter referred to as “instant gas shock electricity”) located in the instant business office owned by Plaintiff B.

(2) On December 24, 2015, E was awarded a successful bid. 2) E filed a lawsuit against the Plaintiffs, “E acquired the ownership of the instant gas filling electric, but the Plaintiffs occupied and used the instant gas filling electric, refusing to return it, and claiming the return of the instant gas filling electric and the return of unjust enrichment based on ownership (Scheon District Court 2015No37091).

3) On March 3, 2016, the original branch of the Chuncheon District Court rendered a non-litigation judgment that accepted all claims against the Plaintiffs by E on March 3, 2016 (hereinafter “related judgment”), with the absence of any response by the Plaintiffs.

(4) Plaintiff A filed an appeal subsequent to the subsequent completion of the relevant judgment on September 6, 2016, but the Chuncheon District Court dismissed Plaintiff A’s appeal on January 10, 2018 on the ground that “the Plaintiff’s appeal subsequent to subsequent completion is unlawful because it fails to meet the requirements for subsequent completion of procedural acts”

(Scheon District Court 2016Na52443). 5, on the other hand, the Plaintiff alleged in the above appellate court that “E acquires ownership in the auction of this case is an object separate from gas shock electric power at the present business office of this case,” but the Chuncheon District Court rejected the appeal, but did not accept the Plaintiff’s allegation for the following reasons through the assumptive judgment on the merits.

① At the time of the auction of this case, gas shock electricity of this case.

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