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1. The defendant shall deliver to the plaintiff succeeding intervenor the corporeal movables listed in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Facts of recognition;
A. Ccorporeal movables listed in the separate sheet (hereinafter “instant movable property”) are indoor golf practice equipment installed and operated in the fourth floor building on the ground B in Sungnam-si, Sungnam-si. A, and was owned by the said company.
B. On November 20, 2013, the instant movable was knocked at the Korea Consulting Group Co., Ltd. (hereinafter “Nonindicted Company”) at the auction procedure conducted by attachment enforcement, such as Suwon District Court Branch Branch 2013No386, Nov. 20, 2013.
C. On January 3, 2014, the Plaintiff received the instant movable property from the Nonparty Company, and on May 23, 2014, Nonparty Company notified the Korea Saemaul Movement Center, which is a defendant and an incorporated association (hereinafter “Korea Saemaul Movement Center”) of the said fact by means of content-proof mail with a fixed date and served the said fact on each business day.
On the other hand, the defendant, on March 3, 2014, leased the building of the above golf practice range in which the movable property of this case is installed from the Saemaul Movement Federation, and operated the golf practice range.
E. On November 2015, the Plaintiff transferred the instant movable property to the Intervenor succeeding to the Plaintiff.
[Ground of recognition] without any dispute, Gap evidence 1 through Gap evidence 6 (including raid number), Eul evidence 2, the purport of whole pleadings
2. According to the allegations and the above facts of recognition, the defendant is obligated to deliver the movable property of this case to the intervenor succeeding to the plaintiff, unless there are special circumstances.
The Defendant dually transferred the instant movable property to C, and thereafter, the Saemaul Movement Federation finally received the instant movable property from D and E, and the Defendant, the lessee, is an indirect possession of the instant movable property. As the Saemaul Movement Federation is the lawful owner of the instant movable property, the Plaintiff and the Plaintiff’s successor, who are the creditors of the non-party company, seek the delivery of the instant movable property to the Defendant.