(영문) 울산지방법원 2016.08.24 2016가단1525

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 울산지방법원 2016.08.24 2016가단1525

제3자이의

Text

1. Based on the registration of the establishment of a neighboring mortgage completed by the Defendant as of May 2, 2013 at the Ulsan District Court No. 42213, Oct. 2, 2015.

Reasons

1. Basic facts

A. On May 30, 2012, the Plaintiff sold machinery and appliances listed in the separate sheet (hereinafter “instant machinery and appliances”) to 35,000,000 won (hereinafter “instant sales contract”).

B. At the time of the instant sales contract, the Plaintiff agreed to hold ownership of the instant machines and instruments until MNCo pays the sales amount in full.

C. However, MON did not pay the purchase price of the instant machinery and apparatus until the date of closing the argument in this case.

On the other hand, MNCo, around May 2, 2013, completed the registration of creation of a neighboring mortgage at KRW 4,677,600,000 with regard to real estate and machinery owned by it as a creditor, Gyeongnam Bank, Inc., and the maximum debt amount at KRW 4,677,60,000. The instant machines and apparatus were also included in the list of

E. According to the application for the auction of real estate by Gyeongnam Bank Co., Ltd., the auction procedure was initiated regarding the real estate owned by MNco and machinery and instruments, including the instant machines and instruments, according to the decision to commence auction of this Court.

[Ground of recognition] Evidence No. 1, Evidence No. 2, Evidence No. 6-1, 2, 3, Evidence No. 7, witness B, C, and the purport of the whole pleadings

2. Determination

A. In concluding a sales contract of movable property to determine the cause of the claim, where the seller delivers the object to the buyer before the seller is paid 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 seller 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 shall be paid in full only when it is concluded at the time of delivery

유사 판례

-대법원 1996. 6. 28. 선고 96다14807 판결

-수원지방법원여주지원 2014.07.22 2014가단5588

-서울북부지방법원 2019.01.17 2017가단3618

-창원지방법원마산지원 2016.07.21 2016가단861

-청주지방법원충주지원 2017.04.19 2016가단23642