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(영문) 서울중앙지방법원 2015.02.13 2013가단286706
자동차인도
Text

1. The Defendants shall deliver to the Plaintiff the vehicles listed in the separate sheet.

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

3.

Reasons

1. Claim against the defendant A;

(a) Indication of claims: To describe the part of the grounds for the claims against the defendant A in attached Form;

(b) Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

2. Claim against the defendant B

A. Facts of recognition 1) The Plaintiff is a motor vehicle listed in the separate sheet owned by the Plaintiff between Defendant A and Defendant A (hereinafter “instant motor vehicle”).

(2) The Defendant B submitted to the Plaintiff a document of succession to the instant vehicle, and renounced the succession, by providing that the monthly rent shall be KRW 1,847,455, and KRW 1,640,100,00 each at 14th day of each month, respectively.

3) On September 12, 2013, the Plaintiff received a decision from the Seoul Central District Court (2013Kadan65227) to prohibit the possession and transfer of the instant motor vehicle by designating Defendant B, etc. as the debtor and received provisional disposition for the prohibition of possession and transfer.

9. 26. 26. The Seoul Central District Court enforcement officer C had the enforcement officer C enforce the provisional injunction on the possession transfer of the said motor vehicle in the underground parking lot in Dongjak-gu Seoul Metropolitan Government D, where Defendant B resides.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 4, 7, 8, and the purport of the whole pleading

B. According to the above facts, it can be recognized that Defendant B occupied the instant vehicle owned by the Plaintiff at the time of the execution of the provisional disposition prohibiting the transfer of possession. Thus, the above Defendant is obligated to deliver it to the Plaintiff.

3. According to the conclusion, each of the instant claims against the Defendants by the Plaintiff is with merit.

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