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(영문) 대구지방법원경주지원 2016.10.18 2015가단14047
동산인도 청구의 소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the results of the submission of each order to submit financial transaction information to the modern social company of this Court, and Hyundai Capital Co., Ltd., and the entire purport of the arguments, as well as in Gap evidence Nos. 1, 2, 3, 4, 6, 11, and Eul evidence Nos. 1, 1, 11 (including paper numbers).

D) On April 28, 2009, 141,90,000 won was loaned from Hyundai Social Co., Ltd. (hereinafter referred to as “Moman Social”) and entered into a movable property transfer agreement on the machines listed in the attached list (hereinafter referred to as “instant machines”) as security, and possessed and used the instant machines until 2012.

B. Around June 26, 2009, Hyundai Myman’s society transferred the claim for loans to D and the right to collateral security for movable property against the instant machines that secured this, to Hyundai Capital Co., Ltd. (hereinafter “Syman Capital”), and notified D of the transfer on June 30, 2009, and notified D of the transfer and the notification reached D around that time.

C. On March 14, 2011, the Plaintiff and D drafted a written contract for debt repayment with collateral security (hereinafter “instant contract for collateral security”) with the following contents, and accordingly, drafted a notarial deed stating the purport of recognition of enforcement E-office document as a notary public E-office document No. 168 in 2011.

Article 1 (D) approved that the Plaintiff bears the obligation to pay for scrap metal in KRW 286,320,90 on March 8, 2011, and offered an offer to reimburse the Plaintiff in accordance with the following provisions. The Plaintiff accepted the offer.

Article 10 (Transferable Security D) The Plaintiff transferred the ownership of the object indicated in the separate sheet, the ownership of which was owned by him, to the Plaintiff by means of an occupancy amendment, with a view to securing the performance of the above obligation.

[Attachment List] Location: The machinery, etc. of this case in the Sim-si F (G) of the racing

D. The Plaintiff asserted that the Plaintiff acquired the ownership or the right to transfer security of the instant machinery, etc. in accordance with the instant transfer security agreement, and raised objection against D.

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