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(영문) 인천지방법원 2015.04.08 2014나17206
유체동산추심
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) CM electronic Co., Ltd. (hereinafter “CM electronic”).

A) Promissory Notes amounting to KRW 189,975,730 (hereinafter “ Promissory Notes”) to the Plaintiff on January 1, 2013 (hereinafter “instant Promissory Notes”).

A) A notary public issues a notarial deed on the 24th day of the same month stating the purport of recognizing compulsory execution against the Promissory Notes in No. 92, 2013 by a notary public on the 24th day of the same month (hereinafter “instant notarial deed”).

2) On the basis of the instant notarial deed, the Plaintiff was issued a seizure and collection order with respect to the corporeal movables listed in the attached list owned by C (hereinafter “instant corporeal movables”) and its representative director D (Defendant B’s wife) on the basis of the instant notarial deed, and received a favorable judgment (Seoul District Court Decision 2013Kadan26301, hereinafter “instant corporeal movables”) by filing a lawsuit for the collection of corporeal movables, after receiving a seizure and collection order with respect to corporeal movables listed in the attached list owned by C (hereinafter “instant corporeal movables”).

3) On March 10, 2014, the Plaintiff commenced the execution of the delivery of the instant corporeal movables pursuant to the judgment of the first instance court, but before that commencement, C and D became impossible to execute its execution by transferring possession thereof to the Defendants. (4) On April 9, 2014, the Plaintiff again received a seizure and collection order (the Incheon District Court 2014TTT9015) against the Defendants of C and C, and around that time, the said seizure and collection order was served on the Defendants.

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

B. According to the above facts of determination, the defendants have a duty to deliver the instant corporeal movables to the execution officer entrusted by the plaintiff, the collection right holder of the claim for the delivery of the instant corporeal movables against the defendants of the CIM electronic, since they possess the instant corporeal movables owned by the CIM electronic.

2. Judgment on the defendants' assertion

A. Of the corporeal movables in this case 1, D is the Incheon District Court E.

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