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(영문) 서울고등법원 2018.06.14 2018나2009591
동산인도
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal, including the part arising from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. Basic facts

A. On October 5, 2016, the Defendant’s Intervenor’s Intervenor (hereinafter “ Intervenor”) and the husband’s husband, concluded a partnership agreement with L to the effect that “M and the Intervenor” was changed to “M and the Intervenor upon resignation of a joint representative director and appointment of a joint representative director” on November 4, 2016, by evaluating the value of the instant movable property owned by the Intervenor as KRW 700 million, and L was invested in kind in kind in cash, and L was changed to the Defendant’s trade name as of November 4, 2016 at the time of its establishment.

The defendant was established on October 13, 2016 under this Agreement.

B. On November 8, 2016, the Defendant entered into a lease agreement with G as of November 15, 2016 to November 14, 2019, with respect to “the instant land and buildings” of the general steel structure 301.6§³ of Class I neighborhood living facilities, Kimpo-si, and four lots of land and its ground (road name address: Kimpo-si P) of Class I neighborhood living facilities, Kimpo-si, Kimpo-si, and four lots of land and its ground (road name address): the term of lease is set up with respect to “the instant land and buildings” of Class I neighborhood living facilities of Class I neighborhood living facilities of Grade I (hereinafter “instant land and buildings”).

[Reasons for Recognition] Facts without dispute, Eul No. 1, 17, 18, Eul evidence No. 19-1, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff’s assertion 1) The Plaintiff Company C (hereinafter “C”)

A. From August 2014 to October 10, 2016, B had a claim for the amount of goods worth at least KRW 300 million.

On May 24, 2016, in order to secure the above bonds, the Plaintiff obtained a right to transfer security from C by means of an occupation and amendment in respect of the instant movable property owned by C.

The defendant.

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