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Reasons
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(영문) 서울중앙지방법원 2020.02.12 2019가합523848
소유권확인
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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be the part resulting from the participation.

Reasons

1. Basic facts

A. 1) The Plaintiff is a national bank that mainly engages in credit and receiving business, etc., and Defendant A Co., Ltd. (hereinafter “Defendant A”), and the entry of the corporation in the name of the company is omitted in the future.

(2) Defendant B is a company for the purpose of the business of manufacturing and selling industrial valves and strawing, etc., and D is a company for the purpose of manufacturing and selling machinery parts, etc., and Defendant B and D’s representative director are both E.

3) The Intervenor joining the Defendants (hereinafter “ Intervenor joining the Defendants”)

(B) The F is a person operating a marina sales agency. (b) D and F’s conclusion of a sales contract for the instant machinery on September 5, 2017 (hereinafter “instant sales contract”) entered into a sales contract with F to purchase 313,200,000 won (excluding value-added tax) of the instant machinery, including the instant machinery, through an auxiliary intervenor, and paid F money KRW 31,320,000 (hereinafter “instant sales contract”).

2) The main contents of the instant sales contract are as follows (A) and B refer to D and F:

2. (Method of Prohibition against Event A) The price for the goods shall be paid to “B” as follows:

On September 27, 2017, 201, the payment of the non-fixed deposit 31,320,000 won for the payment on the separate date of the payment; the payment of the remainder 281,880,000 won for the payment prior to the delivery of cash prior to the issuance of the bill at the time of the conclusion of the bill on September 27, 2017; the delivery date of the bill at the time of the simultaneous payment;

3. (Payment Date and Delivery Conditions) The payment period may, if necessary, be reduced or extended by mutual consultation between A and B.

Section 6(1) of this Agreement: Until the settlement of the price for the subject matter of this Agreement is made in cash, the ownership is vested in “B.”

3. After the 3th assistant intervenor, the instant machinery is located in Defendant B’s factory located in Changwon G.

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