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1. The Defendant’s certificate of joint law office No. 592 (No. 592) issued by the joint law office against B is a notarial deed.
Reasons
1. Facts of recognition;
A. On August 28, 2014, the Plaintiff was appointed as a manager of the Korea Red Ginseng Co., Ltd. (hereinafter “Korea Red Ginseng”), for which rehabilitation procedures began by Daejeon District Court 2014 Ma5009 on August 28, 2014 (hereinafter “Korea Red Ginseng”), while engaging in the processing and distribution of ginseng products, and the Defendant is a corporation engaging in general travel business, travel agency business, etc.
B. Upon the Defendant’s filing of an application for compulsory execution of articles under the Jeju District Court No. 2015No. 20105, Oct. 20, 2015 with the title of a notarial deed (No. 592, 2015, hereinafter “instant notarial deed”) in the face value of B, KRW 365,698,325 (hereinafter “instant warehouse”) against B, the enforcement agency seized articles listed in the attached attachment list (i.e., red ginseng products, etc.”) kept in the warehouse located in Jeju City E (hereinafter “instant warehouse”).
C. The warehouse of this case was leased KRW 1,00,000 from F on May 12, 2014; the term of lease from May 22, 2014 to January 22, 2015; and the rent of KRW 3,300,000.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Judgment on the parties’ assertion
A. 1) The Plaintiff’s assertion 1) the warehouse of this case was leased under the name of Korea Hong ginseng, and the article of this case stored in the warehouse of this case belongs to the Plaintiff’s ownership. Therefore, compulsory execution against the Defendant’s goods premised on the ownership of the article of this case shall be rejected. 2) The Defendant Korea Hong ginseng cannot be readily concluded as the owner of the article of this case.
In addition, Korea-U.S. Hong ginseng concluded a partnership agreement with the content that Korea-U.S. Red Ginseng and B would jointly operate the place of business that sells red ginseng products in Jeju-do even if it is the owner of the instant product.