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(영문) 수원지방법원성남지원 2016.05.31 2015가단27902
유체동산인도
Text

1. The defendant shall deliver to the plaintiff corporeal movables listed in the attached list.

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

Reasons

1. In fact, the Plaintiff has a claim against the Defendant based on the Seoul Northern District Court Decision 2014Da54090 Decided November 13, 2014.

On March 30, 2015, the Plaintiff seized corporeal movables listed in the separate sheet owned by the Defendant based on the aforementioned judgment claim on March 30, 2015 (U.S. District Court 2015No213), and on May 1, 2015, purchased the said corporeal movables collectively.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 3, the purport of whole pleadings

2. According to the above facts of recognition on the board, the defendant is obligated to deliver to the plaintiff corporeal movables listed in the attached list.

Although the defendant alleged that he paid the above judgment amount, the defendant did not pay the original amount even according to the defendant's argument, part of his payment was made after the date of sale, and even though the payment was in progress, the plaintiff agreed to continue the procedure of seizure and sale. Thus, the defendant's argument itself does not seem to have any legal title to prevent the plaintiff from acquiring and exercising the plaintiff's ownership due to auction.

If so, the plaintiff's claim is reasonable and acceptable.

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