logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.02.26 2014가단219208
동산인도
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

While the Defendant purchased, on April 1, 2013, movable property listed in the separate sheet (hereinafter “instant movable property”) from the Plaintiff as the ownership reserve book, and did not pay the purchase price in full, the fact that the Defendant was decided to commence rehabilitation procedures on October 14, 2014 does not conflict between the parties.

The plaintiff asserts that the transfer of the movable property of this case is claimed as the exercise of the right of repurchase.

However, it is reasonable to treat the seller's reserved ownership as a rehabilitation security right in the rehabilitation procedure, because the seller's reserved ownership has the substance of the security right.

Thus, the plaintiff can exercise his/her right only through a final inspection judgment or a lawsuit of objection against the judgment after reporting the right as a rehabilitation secured creditor in the rehabilitation procedure against the defendant, and the right of re-transfer with respect to the movable property of this case shall not be exercised.

Therefore, the plaintiff's claim is dismissed as it is without merit.

arrow