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(영문) 대전지방법원천안지원 2017.11.22 2017가단104008
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. The Defendants’ acquisition of real estate ownership 1) Gwon room, which is a land and multi-family house in the south-gu, Dong-gu, Dong-gu and the ground-based house in the cheon-gu owned by E (hereinafter “instant building”).

Around August 2016, Daejeon District Court rendered a decision to commence the auction of this case to H, I (Dual), J (Dual), and K (Dual) with respect to the Daejeon District Court (hereinafter “instant auction”).

(2) In the instant auction procedure on February 6, 2017, the Defendants purchased shares of Defendant B and C among the instant buildings, and 1/2 shares, respectively, and completed the registration of ownership transfer on the same day.

B. On January 31, 2015, the Plaintiff entered into a real estate lease agreement between L and L on January 31, 2015, with respect to KRW 80 million, and the period of February 13, 2017, with respect to KRW 703 among urban-type residential housing on the 7th Incheon-gu Incheon-gu Incheon Metropolitan City M, the Plaintiff paid KRW 80 million by February 13, 2015. (2) As to the above subparagraph 703, the Daejeon District Court rendered a voluntary decision to commence the auction on February 22, 2017.

On April 4, 2017, the Plaintiff filed a report on the right and demand for distribution at the above auction procedure.

3) On April 6, 2017, the Plaintiff concluded a sales contract for the entire corporeal movables (such as air conditioners, air conditioners, washing machines, TV, water purifiers, clothes, and the electrical steering towers) located in the instant building (hereinafter “instant sales contract”) with E in relation to KRW 80 million (hereinafter “instant sales contract”).

A) The instant sales contract was concluded. The instant sales contract states that “The amount exceeding the deposit for the lease of corporeal movables shall be paid to E in excess of the deposit for the lease of corporeal movables at the time of the sale of corporeal movables, and the difference shall be calculated separately and paid to E in excess of the deposit for the lease of corporeal movables.” [Grounds for recognition] In the absence of dispute, Gap’s 1, 2, and 3 evidence, Eul’s 2, and 3 evidence (including serial numbers; hereinafter the same shall apply) are included.

each entry, whole pleading, or any other statement.

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