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(영문) 대전지방법원 천안지원 2018.09.21 2017가합103439
제3자이의
Text

1. As to the machine No. 8 in the attached list, the defendant B is a notary public to the Samchimex Co., Ltd.

Reasons

1. Basic facts

A. On December 28, 2012, C Co., Ltd. (hereinafter referred to as “C”) entered into a contract to manufacture and supply the said two machines with the 7th and 8th unit equipment listed in the separate sheet (D) and the 470,000,000 each, with the 7th and 8 unit equipment listed in the separate sheet (hereinafter referred to as “C”) (hereinafter referred to as “each 7 unit equipment and 8 unit equipment”).

(2) On July 16, 2013, the Parties drafted a modified contract with the effect that the price of the foregoing No. 8 shall be reduced to KRW 445,00,000. At the time of entering into the said contract, the Parties entered into an ownership reservation agreement that the ownership of the machinery belongs to C when the settlement of funds became known (Article 11(7) of the supply contract). C completed the manufacture of the said two machinery and completed and carried out trial operation on January 5, 2014. (b) The Industrial Bank of Korea concluded a transfer contract with the total amount of KRW 960,000,000,000 for factory machinery facilities, including the machinery listed in the separate sheet, to secure its existing loan obligations, and received the delivery by the method of occupancy and amendment. Defendant AFF specialized company (hereinafter “Defendant AF specialized company”).

(C) The Defendant limited liability company: (a) obtained a loan claim against the said Samchimex and a security right incidental thereto from the Industrial Bank of Korea; (b) seized the machines, etc. indicated in the separate sheet in the Daejeon District Court Decision 2017No. 1866, the amount of the claim was KRW 666,590,851; (c) Defendant B lent KRW 2,000,000 to Samchimex on March 21, 2014; and (b) transferred the factory machinery facilities, including the separate sheet, from Samchimex by means of occupancy revision to Defendant B; and (c) obtained a notarial deed (No. 169, a notary public was a notary public on March 2014, 201.

Defendant B, based on the above notarial deed, indicated in the attached list in the Daejeon District Court Branch No. 2017No. 1704.

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