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(영문) 인천지방법원 2014.06.25 2013나16404

동산소유권확인 등

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1. The plaintiff's appeal and the plaintiff's claim added in the trial are all dismissed.

2. The costs of appeal and the costs of appeal shall be considered in the trial.

Reasons

1. The reasons for the court’s explanation of this case are as follows: “A prosecution was instituted on the third party’s 5th judgment of the court of first instance (the Daejeon District Court Decision 2012Da2550),” which read “(i) was pronounced not guilty on the grounds that there is insufficient evidence to acknowledge the Plaintiff as the owner of corporeal movables listed in the attached Table 5, and (ii) was appealed by the above court on January 7, 2014; and (iii) the prosecutor appealed against the prosecutor and still pending the appellate court’s trial; and (iv) added “B evidence No. 3” in the third party’s 6th judgment as “(s)”; and (iv) added “A evidence No. 23 through 31 (including any number when there is a serial number) submitted by the Plaintiff at the trial of the court of first instance. In addition, the court added a judgment to acknowledge the Plaintiff’s assertion that the instant corporeal movables are owned by the Plaintiff and that the Defendant possessed it. Therefore, the judgment of the court of second instance and the first instance cited the judgment as follows.

2. The plaintiff asserts that the defendant has a duty to deliver the above corporeal movables to the plaintiff, since he occupies the corporeal movables listed in the attached Form 6 list, which he owns.

According to Gap evidence No. 2, the plaintiff refused to deliver the B consent of the factory of this case on the grounds that the machinery, etc. owned by the plaintiff was located in the Dong of the factory of this case, and the registered industry of this case filed a lawsuit against the plaintiff for removal of the above machinery, etc. and delivery of the B consent of the factory of this case on April 4, 2005, "the plaintiff is paid KRW 20,000,000 from the registered industry of the company until June 15, 2005, and at the same time, a judicial compromise was formed that "the plaintiff collects the above machinery, etc. from the registered industry of the company and delivers the factory of this case to the registered industry of this case."