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(영문) 전주지방법원 남원지원 2018.02.22 2017가합1255
제3자이의
Text

1. As to the corporeal movables listed in the separate sheet

A. Defendant A’s development of the industry is limited to limited liability companies.

Reasons

1. Facts of recognition;

A. On February 4, 2016, the Plaintiff manufactured and installed corporeal movables listed in the [Attachment List] list (hereinafter “instant machinery”) with a limited liability company (hereinafter “large industry development”) at KRW 440 million. However, the Plaintiff entered into a contract with the Plaintiff to reserve the ownership of the instant machinery until the said purchase price is paid.

B. The Plaintiff manufactured the instant machinery in accordance with the said contract and delivered it to the macroindustrial development. However, the macroindustrial development did not pay the remainder after paying only KRW 270 million out of the above price.

C. On the other hand, with respect to the instant machinery, Defendant A seized each of the corporeal movables on August 18, 2017, based on the executory exemplification of the payment order (Seoul Northern District Court Decision 2017Hu2889), which was based on the executory exemplification of the payment order (Seoul Northern District Court Decision 2017Hu2889) with respect to the development of macro industrial development, and on October 18, 2017, Defendant Korea-U.S. District Court Decision 2017Hu386 (Court 2017Hu386) with respect to the development of macro industrial development.

[Ground of recognition] ① Defendant A, B: deemed confession (Article 150(3) of the Civil Procedure Act), ② Defendant Korea-U.S.C.: The absence of dispute, entry of No. 1, No. 4, and the purport of the whole pleadings

2. Determination

A. In a case where there is a so-called ownership reservation agreement to transfer an object in advance to a buyer while the seller decides to hold the ownership of the object as it is, while paying the price in full, the seller still holds the ownership of the object in accordance with the above agreement while the buyer does not pay the price in full. This portion of the purchase price is reasonable by the buyer.

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