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(영문) 수원지방법원성남지원 2016.01.08 2015가합1365
동산인도
Text

1. The defendant (Appointeds) and the designated parties jointly deliver to the plaintiff the movable property listed in the attached Table 3 list.

2...

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) is a person who has operated an automobile improvement project in the building on the ground of the Gwangju City F and three lots (hereinafter “instant land”) owned by it.

B. C was liable to the Plaintiff for the debt amounting to KRW 250 million, and on May 21, 2013, C issued and delivered a promissory note with a sight of KRW 520 million with the payee and face value to the Plaintiff, and on May 21, 2013, C prepared and issued a promissory note No. 512 with a joint office of G notary public (hereinafter “notarial deed of this case”).

C. On February 13, 2014, the Plaintiff received from C a reimbursement of KRW 250,000,000,000,000 of the debt principal as repayment of KRW 30,000,000, from C, fixed assets listed in the attached Table 2 list, which were located on the instant land, and completed the certificate thereof.

On the instant land, two buildings were constructed, and one of them is an office building (hereinafter “office building”), and the remainder is used as a factory Dong (hereinafter “factory Dong building”) and the office building together with the office building.

E. The Defendants at the auction of real estate H, I, J (Dual), and J (Dual) on March 3, 2014, sold the instant land and buildings and completed the registration of ownership transfer on the same day.

The Defendants occupied and used all of the repair building and part of the factory operation building, and leased part of the first floor and the second floor of the factory operation building to K.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, and 6, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The gist of the Plaintiff’s assertion and judgment 1) The Plaintiff’s assertion asserted that the attached movable property owned by the Defendants was acquired by the Plaintiff from C, and the Defendants jointly and severally liable to deliver it to the Plaintiff. 2) The Defendants occupied and used the attached movable property.

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