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(영문) 수원지방법원 안산지원 2018.02.21 2017가단11049
동산인도
Text

1. The defendant shall deliver to the plaintiff the movable property listed in the attached list.

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

3...

Reasons

1. Facts of recognition;

A. On December 8, 2016, the auction date for corporeal movables was in progress at KRW 181,00,000 for the Plaintiff, and the Plaintiff paid the said amount on the same day on the same day.

B. A factory mortgage was established on the land and building of a factory with the instant movable property on April 2002 and 2007, and the execution of the mortgage was carried out voluntarily to Suwon District Court A on April 18, 2017. The Defendant acquired the ownership of the land, building, machinery and apparatus of a factory subject to auction by paying the proceeds of sale on May 15, 2017. The Defendant thereafter occupied the instant movable property while occupying the said factory building.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 6, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to deliver the movable property of this case to the plaintiff as its owner, unless there are special circumstances.

3. The Defendant asserts that the Defendant acquired ownership of each of the instant movables listed in the [Attachment List Nos. 206 to 549], each beer chain listed in 50 to 557, each of the rokes listed in 558 to 567, each of the rokes listed in 570 to 574, since it is part of the machinery and apparatus which is the object of the factory mortgage.

It is not enough to recognize that each of the crokes listed in [Attachment 206 to 549] be included in [Attachment 206 to 549], each beer chain listed in [Attachment 550 to 557], 558 to 567, and crokes listed in [Attachment 570 to 574] constitute part of the machinery and apparatus which are the object of factory mortgage.

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