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(영문) 창원지방법원진주지원 2017.09.28 2016가단36474
부당이득금
Text

1. The transfer contract concluded between the Plaintiff (Counterclaim Defendant) and B on December 5, 2015 with respect to the goods owned by B shall be revoked.

2...

Reasons

1. Basic facts

A. On April 1, 2015, the Plaintiff leased the manufacturing plant and machinery in Sacheon-si D at KRW 25,000,000 monthly rent to B who produces and sells automobile parts under the trade name “C”.

The defendant supplied special lecture raw materials necessary for the production of automobile parts to B.

B. B, from October 2014 to December 2, 2014, borrowed money from the Defendant, and entered into a transfer security agreement with the effect that the Defendant transfers the automobile, parts, or machinery, apparatus, etc. to the Defendant by means of possession and alteration in order to secure the performance of each borrowed loan obligation. In the event that the said content and obligation are not performed, a notarial deed containing the intent to recognize compulsory execution was made at the notary office E

(hereinafter referred to as “each of the instant notarial deeds”). The Plaintiff’s portion of KRW 697, such as machinery and apparatus of KRW 697,00,000,000 (No. 70,000,000, other than the language, etc.) of KRW 563 on November 25, 2014 and KRW 563 on October 31, 2014 (No. 697, Dec. 27, 2014, 200, including KRW 70,000,00,00 on October 31, 2015, 2014;

C. B, on December 5, 2015, instead of paying rent, electric rent, public charge, and rent pursuant to a lease agreement, the Plaintiff transferred the machinery, apparatus, tools, tools, products, and all the goods within the factory to the Plaintiff.

(hereinafter “instant transfer contract”).

D. On January 5, 2016, the Defendant filed an application for the auction of corporeal movables with the Changwon District Court Branch Branch Branch of 2016No. 11 on the basis of each of the instant notarial deeds, and completed the seizure and enforcement of each of the movables listed in No. 7-42 on January 19, 2016, based on No. 563 on the basis of No. 563 on the proceeds of sale of notarial deeds (excluding enforcement expenses), KRW 50,225,50, and KRW 544 on the basis of No. 697, KRW 7,392,163 on the basis of No. 70,225,50, and KRW 5444 on the basis of each of the instant notarial deeds, respectively, as a mortgagee, and the amount of claims not repaid after the first-order dividend.

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