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(영문) 대전지방법원 2015.05.12 2014가단225677
제3자이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On November 4, 2010, a limited partnership company (hereinafter “e-sports”) purchased goods listed in the separate sheet (hereinafter “instant goods”) from a smart scrow Golf Co., Ltd. under a condition of installment transaction in the purchase price of KRW 50 million, and entrusted the Defendant with the payment of the principal to smart scke golf, and on the same day, the instant goods were provided to the Defendant as security for transfer.

B. On September 8, 201, A, a partner with limited liability for Na-sports, borrowed KRW 400 million from the Plaintiff on the due date on September 9, 201, and entered into a transfer security agreement with the Plaintiff on the instant goods and screen golf equipment (hereinafter “instant transfer security agreement”) with the Plaintiff on the same date, and transferred possession of the instant goods and screen golf equipment to the Plaintiff and the Chungcheongnam-do Private Taxi Community Welfare Community Credit Cooperative by means of occupancy amendment.

C. On October 2014, the Defendant: (a) based on the executory exemplification of the payment order issued by the Daejeon District Court Branch of Seosan Branch of Daejeon District Court 2012 tea104, the Defendant carried out a compulsory execution of the seizure of corporeal movables ( Daejeon District Court 2014Du2340, hereinafter “instant compulsory execution”) on the instant objects.

[Ground of recognition] Evidence No. 1-2, Evidence No. 2-1, Evidence No. 3-5, Evidence No. 4 (including paper numbers), and Evidence No. 5, and the purport of the whole pleadings

2. The Plaintiff’s assertion asserts that, as the Plaintiff entered into a transfer security agreement with A on the instant goods and acquired ownership of the instant goods through an occupation revision, the Plaintiff sought non-permission of compulsory execution on the instant goods.

3. Determination

(a) Where the debtor agrees to transfer his/her movable to the creditor in order to secure a pecuniary obligation, but to deliver it by means of possession and amendment, and the debtor agrees to continue to possess it, the ownership of such movable;

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