동산인도
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Facts of recognition;
A. On October 20, 201, the Plaintiff purchased, from F, a movable property in the attached list (hereinafter “instant freezing machine”) located in the underground factory located in Busan Seo-gu D (hereinafter “instant factory”) from F for KRW 17 million and acquired ownership.
B. The defendant occupies and uses the freezing machine in the factory of this case.
[Ground of recognition] A without dispute, entry of evidence No. 1, 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 freezing machine of this case to the plaintiff.
3. Judgment on the defendant's assertion
A. The Defendant asserts that the instant freezing machine was purchased from G lawfully acquiring the freezing machine is a legitimate owner of the instant freezing machine purchased from G lawfully acquiring it from the Plaintiff.
Only on the basis of the evidence evidence Nos. 2 and 3, G is insufficient to recognize that it was a legitimate right holder to whom the instant freezing machine was taken over from the Plaintiff, and there is no other evidence to acknowledge it.
Rather, according to the purport of Gap evidence No. 3 and the entire argument, the plaintiff only consented to G only the use of the freezing machine of this case, and it can only be recognized that the plaintiff did not transfer the freezing machine of this case.
Therefore, the defendant's assertion that G is a legitimate owner of the freezing machine of this case is without merit.
B. The defendant asserts that G had bona fide acquired the freezing of this case even if G was not a legitimate right holder regarding the freezing of this case.
1. Article 249 of the Civil Code provides, “If a person who was assigned a movable at ordinary temperature or public performance, possesses it in good faith and without negligence, he shall acquire the ownership of the movable immediately even if the transferor is not a legitimate owner.” Thus, if a bona fide acquisition of the movable is to be established, it shall be the peace, public performance, good faith, and without fault in succeeding possession from an unentitled person.