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(영문) 서울고등법원 2016.04.22 2015나12637
제3자이의
Text

1.The judgment of the first instance shall be modified as follows:

The defendant's certificate of notary public C office against B in 2013.

Reasons

1. Basic facts

A. The Plaintiff is a company that carries on facility leasing business of equipment, machinery, apparatus, etc., and B is an individual entrepreneur who carries on facility leasing business of facilities, machinery, apparatus, etc., with the trade name of E from Jincheon-gun G, Jincheon-gun.

B. The Plaintiff purchased each machine listed in the separate sheet and concluded a facility leasing agreement with B as follows.

On October 30, 2013, the contract number FH contract date of October 15, 2013, the acquisition cost of 200,000,000,0000 won 170,000,0000 won in the printing machines (attached Form 6) such as a printing machine and a printing machine (attached Form 1-5) on October 30, 2013, shall be 6% per annum interest rate of 42 months in October 30, 2013, the delivery date of the goods from the J company (M company) located at the seller J company (K company) (K company (M company).

C. On June 1, 2013, the Defendant entered into a contract with B to be supplied with a paper of paper paper.

In addition, the Defendant entered into a transfer security agreement with B to secure the repayment claim of KRW 50,000,000,000,000 paid to B by means of possession revision in order to secure the repayment claim of KRW 50,000,000,000, and entered into a transfer security agreement with B on June 3, 2013, the deed of notary public C office No. 7611 of the deed of notary public C was prepared on June 3, 2013.

In addition, on November 1, 2013, the Defendant entered into a transfer security agreement with the purport of transferring KRW 100 million to B in order to secure the credit for the repayment of loan by means of a revision of possession and possession of 1,6 printing machines listed in the attached list. On the same day, a notary public C office certificate of the notary public C office No. 13882 was prepared.

On December 23, 2014, the Defendant: (a) based on the authentic copy of executory notarial deeds No. 7611 of the deed of notary public C Office No. 761 of 2013; and (b) No. 13882 of the deed of notary public C office No. 1382 of 2013, 2014, each of the listed items is listed in the separate sheet No.

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