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(영문) 광주고등법원(전주) 2017.07.20 2016나12231
손해배상등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. Attachment 1 on C corporeal movables owned by Dongwon Co., Ltd. (hereinafter “Dongwon”) Dongwon Co., Ltd. (hereinafter “Dongwon”).

) A notary public against A is a creditor holding a notarial deed on a money loan contract for movable property transfer on No. 635 of the 2012 Pison Pison, No. 635 of the 2012, and the said notarial deed provides that the said notarial deed will transfer pigs located on A's farm to B in order to secure the debt against A's dynamics, by means of the possession and amendment of A's farm in order to secure the debt against A's dynamics. (2) Dongwon filed an application for seizure of A's pigs with the title of the said notarial deed with Jeon

On June 18, 2013, enforcement officers seized pigs in each of the following A-owned farms (referring to each of the following farms, referred to as “each of the instant farms”):

(hereinafter referred to as “first seizure” and referring to the seized pigs, hereinafter referred to as “the instant corporeal movables”). ① Franch 5-120kgg 600mags located in Jeong-Eup-si (hereinafter referred to as “H farm”) and 55-120kgs in Jung-Eup-si, J, K, L, and W (hereinafter referred to as “M farm”).

) The enforcement officer ordered A to manage and keep the instant corporeal movables with the consent of Dongwon 5-120 g 1,600 g 3) located in the non-land.

4) On the basis of the first attachment report on July 24, 2013, a certified public appraiser affiliated with a T appraiser’s office appraised the market value of the instant corporeal movables at KRW 609,00,000. (B) The Plaintiff’s seizure 1 for the instant corporeal movables was agreed to transfer, against A, pigs located on a farm owned by A by a notary public, as a creditor holding a notarial deed under a monetary loan agreement on the security for transfer, No. 698, 2013, No. 698, and in the said notarial deed, for securing the Plaintiff’s obligation, such as the price for goods, etc., to the Plaintiff.

2..

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