(영문) 수원지방법원여주지원 2014.07.22 2014가단5588

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(영문) 수원지방법원여주지원 2014.07.22 2014가단5588

유체동산인도

Text

1. The defendant shall deliver to the plaintiff three set of set of the attached list 2 to the plaintiff.

2. The plaintiff's remaining claims.

Reasons

1. Facts below acknowledged may be acknowledged, either in dispute between the parties or in full view of the purport of the entire pleadings, as stated in Gap evidence 1, 3, 8, Gap evidence 2-2, Eul evidence 1 to 4.

C invested assets relating to “A industry” in order to operate its business in the form of a legal entity while conducting mechanical manufacturing business with the trade name of “A industry” and established the Plaintiff on June 28, 2012.

B. On June 4, 2010, in the course of operating “A industry,” C entered into a contract to sell three aggregate seasons listed in [Attachment 2] No. 140 million won for the purchase price to D (hereinafter “instant machinery”) between D and D on June 4, 2010, and B agreed that the ownership of the instant machinery is owned by C until the contractual terms are fulfilled, and D cannot be transferred to others.

D shall pay C the down payment of KRW 50 million and receive the instant machinery, but failed to pay the balance of KRW 94 million after the fact.

C. On May 18, 201, the Defendant occupied movable property, including the instant machinery, as collateral for a claim against D, after being provided as collateral for transfer.

2. Determination

A. In concluding a sales contract for a part of the claim for delivery, where the seller delivers the object to the buyer prior to the payment of the price in full, but until the price is paid in full, the so-called special agreement for the reservation of ownership that the ownership of the object is transferred to the buyer at the time when the ownership is reserved to the seller and the price is paid in full, the agreement between the parties to transfer the ownership of the object is a condition precedent that the ownership of the object is already concluded at the time of delivery and the payment in full is to be made, and barring any special circumstance, the seller may claim the ownership of the reserved object to the buyer as well as the third party

Supreme Court Decision 200

유사 판례

-대법원 1996. 6. 28. 선고 96다14807 판결

-대법원 1999. 9. 7. 선고 99다30534 판결

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