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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant filed a lawsuit against C Co., Ltd. (hereinafter “C”) that is the possessor of the instant movable (hereinafter “instant movable”) as the owner of the instant movable as indicated in the attached list (hereinafter “C”), seeking the delivery of the instant movable (Seoul District Court Decision 2012Da408), and on May 4, 2012, the lower judgment was rendered without holding any pleadings as follows, and became final and conclusive around that time.
(hereinafter “instant judgment”)
1. The Defendant (C) against the Plaintiff (referring to the Defendant)
A. The movable of this case is handed over.
B. The above A.
34,273,400 won shall be paid if compulsory execution against the movables mentioned in the paragraph is impossible.
2. The costs of the lawsuit are assessed against the defendant.
3. Paragraph 1 can be provisionally executed.
B. On May 30, 2013, D Co., Ltd. (hereinafter “D”) was sold the F’s site and building owned and operated by C in the voluntary auction procedure for Kimcheon Branch of the Daegu District Court Kimcheon Branch E, but the instant movable was not an object of auction.
C. On May 15, 2013, D drafted a written agreement with the Geumcheon, Sejong Korea Construction Co., Ltd. (hereinafter “Seoul”), which reported the right as a lien holder, to adjust the legal relationship of the instant movable property and lien holders, as follows (hereinafter “instant agreement”). Pursuant to the said agreement, D acquired all of the golf practice range facilities and fixtures, including the instant movable property, in accordance with the agreement.
- Writtens (Evidence A No. 3) -
1. The status of Party A (D) is a successful bidder in the above auction case, and Party B 1, 2 (goldcheon, Syun integrated Construction) is a person who reported his/her right as the lien holder in the above auction case, and Party C (C) is a party who is fully responsible for all interests.
2. Waiver of lien by the lien holder;
(a)the agreement for all necessary equipment, including all equipment necessary for B/B lien and business facility within F shall be 300 million won;
A shall make an agreement to B 1.