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1. The plaintiff's claim that is changed in exchange in the trial is dismissed.
2. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 27, 2012, the Plaintiff entered into a sales contract with the Defendant to purchase C Excavation machines (hereinafter “C Excavation machines”) from the Defendant to KRW 46,00,00 (excluding value-added tax) and D Excavation machines (hereinafter “C”) to KRW 2,00,00 (excluding value-added tax). In addition, the Plaintiff entered into a sales contract with the Defendant to purchase D Excavation machines to KRW 38,50,00 (value-added tax separately).
(hereinafter referred to as “the instant sales contract”). (b)
In relation to the instant sales contract, two pages on the instant excavation machines (hereinafter “each of the instant letters”) exist as shown in attached Forms 1 and 2. The upper part of each of the instant letters describe the type, type, vehicle number, etc., and the main part of the text is printed with printed text to the effect that the transferor is responsible for and resolves all debts, such as mortgage on the excavation machines, seizure, penalty, etc., and the name, name, resident registration number, and the Defendant’s seal impression is affixed on the lower part of the Defendant’s name.
C. According to the instant sales contract, the Plaintiff paid the Defendant the sum of KRW 50,600,000, and KRW 42,350,000, including value-added tax, for the first excavation period, including value-added tax, to the Defendant on the day of the contract, KRW 92,950,00,000. Around that time, the Plaintiff received the instant excavation period from the Defendant.
On December 13, 201, the transfer date of the sales contract of this case, the registration of the establishment of the right to collateral security (130,000,000) was completed in the name of the savings bank Eash Savings Co., Ltd. on December 13, 201, and on May 14, 2012, the registration of attachment due to local tax delinquency was completed.
On October 30, 2013, the Savings Bank Co., Ltd. received an order for delivery of construction machinery prior to the application for auction on October 12, 2013 as Seo-gu District Court Seo-Support E with respect to the First Drawer Co., Ltd., and executed an order for delivery on November 12, 2013. The registration of change of ownership was completed in G name on November 20, 2014 in the procedure of voluntary auction of construction machinery in the same court.
E. As to the second digging machines, this case.