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(영문) 부산지방법원 2021.02.17 2018가단327136
유체동산인도
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 20, 2015, the Plaintiff entered into a contract with E (hereinafter “E”) on the repayment of the loan amount of KRW 100 million with respect to the obligation to be paid to the Plaintiff (hereinafter “E”), with the purport that, in the event E is unable to repay the said obligation or the interest on the said obligation is delayed for at least three months, the Plaintiff would transfer the right of possession of the movable property indicated in the separate sheet (hereinafter “the instant movable property”) to the Plaintiff in lieu of the repayment of the obligation (hereinafter “the instant movable property”). A notary public was certified as “the instant contract on the repayment of movable property”).

B. On November 22, 2017, the Plaintiff filed an application with the Busan District Court for the disposal of the land for possession, transfer, and disposal of the movable property of this case with the right to claim delivery under the instant water repayment contract as the preserved right. On November 28, 2017, the execution officer of the Busan District Court rendered a provisional disposition as to the movable property of this case on November 28, 2017.

(c)

On April 10, 2018, E filed an objection to the instant provisional disposition order with Busan District Court 2017KaMa6776, but the said court decided to authorize the instant provisional disposition order.

(d)

The Plaintiff filed a lawsuit against E with Busan District Court No. 2017 A, which sought payment of KRW 100 million, and on February 22, 2018, the said court rendered a judgment that “E shall jointly and severally with G, jointly with the Plaintiff KRW 50 million, and twenty-four percent per annum from June 21, 2015 to March 16, 2017; five percent per annum from the next day to February 22, 2018; and fifteen percent per annum from the next day to the day of full payment” (hereinafter “former judgment”).

E. Meanwhile, around February 2018, Defendant D Co., Ltd. (hereinafter “Defendant D”) occupied the instant movable property to a third party.

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