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(영문) 서울동부지방법원 2014.09.02 2013가단42336
동산인도
Text

1. Defendant LTI Co., Ltd. shall deliver to the Plaintiff movable property listed in the separate sheet (1).

2. The plaintiff's defendant B.

Reasons

1. Facts of recognition;

A. On July 2006, the Plaintiff leased the first underground floor of the D hotel located in Gangseo-si, Gangnam-si, which he owned 7/10 shares of Defendant B around July 2006, as the lease deposit of KRW 100 million, and operated a car page at that place.

B. On December 10, 2008, the Plaintiff obtained a fixed date in a lease agreement with Defendant B with a deposit of KRW 50 million.

C. Around July 2009, the Plaintiff delivered the above first underground floor to Defendant B, and on November 9, 2009, Defendant B provided the Plaintiff with movable property listed in the attached Table (1) (hereinafter “the movable property of this case”) stated in the attached Table (1) as security for transfer by means of possession amendment, with the maturity of 50 million won for the remaining lease deposit as of October 31, 2010.

On July 30, 2010, voluntary auction for the above hotel started, and on February 9, 2012, E and F (Defendant B’s wife) won the successful bid, and E and Defendant B jointly operated the above hotel.

E. On May 22, 2013, Defendant B, representing E and F, sold all of the movable property necessary for the hotel business, including the said hotel and the instant movable, to Defendant LTB Co., Ltd. (hereinafter “Defendant Company”), and handed over the instant movable property to the Defendant Company.

F. The Plaintiff received 50 million won from the above auction procedure based on the above lease agreement, and upon the request of the Plaintiff, 10 million won was distributed based on the false lease agreement that Defendant B prepared in the name of the lessee G.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1-1, 2, Eul evidence 2, Eul evidence 1-3, Eul evidence 1-3, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s primary assertion is that the instant movable property is offered as security for transfer to the Plaintiff, and thus, the Defendant Company, the possessor, is obligated to deliver the instant movable property to the Plaintiff.

Preliminaryly, Defendant B committed a tort of transferring the instant movable property offered as security for transfer to the Defendant Company, thereby resulting therefrom.

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