logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 정읍지원 2018.05.29 2017가단2692
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

On October 20, 2014, March 9, 2015, and June 1, 2015, the Plaintiff was awarded a successful bid for a number of corporeal movables (hereinafter “instant corporeal movables”) in the auction procedure for the corporeal movables owned by a farming association corporation C, such as a livered container, a liver-type air conditioner, a power generator, and a studs.

A around May 2016, Defendant A was awarded a successful contract for the factory of the farming association corporation C located in the Jeon Chang-gun, Jeon Chang-gun (hereinafter “instant factory”), and completed the registration of ownership transfer in Defendant A with respect to the instant factory.

Defendant A filed a lawsuit against the Plaintiff claiming partial removal, etc. of the instant corporeal movables on the ground that some of the instant corporeal movables remain in the factory of the instant case, as a claim for removal of disturbance based on the ownership, under which the former District Court rendered a ruling on August 23, 2017 that “the Plaintiff shall remove part of the instant corporeal movables to the Defendant A,” and the said ruling became final and conclusive on September 15, 2017.

Defendant A applied for an order of real estate delivery to the Southern District Court support E with respect to the instant factory, and the said court rendered a decision of citing this on June 9, 2016.

After that, Defendant A delegated the enforcement of the above decision to the support enforcement officer of the Jeonju District Court with the title of execution, and Defendant B, the support enforcement officer of the Southern District Court, as the executive officer of the above decision, was executing the delivery of the factory of this case with the execution officer of the above decision.

(hereinafter “execution of this case” (hereinafter “execution of this case”). 【No dispute exists, each entry of Gap 2, 5, 6, 8, and 9 (including branch numbers), and Defendant B executed the execution of this case upon delegation by Defendant A according to the purport of the Plaintiff’s assertion as to the purport of the entire pleadings. However, during the execution of this case, some of the corporeal movables of this case were damaged or left alone due to typhoon, etc., and part of the corporeal movables of this case was left alone.

arrow