Main Issues

Where the purport of the defendant's pleading should be free and revoked thereof.

Summary of Judgment

If the Defendant, under the premise that the Defendant is currently occupying and using the vessel machinery, which is a specific object for which the Plaintiff seeks delivery, made a variety of defenses on the ground that it is not owned by the Plaintiff, and the Nonparty, at the time of the closing of argument, made a statement that it was not in possession of the Defendant by transporting or removing it, this was an incidental to the revocation of confession, and thus, the Defendant ought to assert and prove that the confession was contrary to the truth and due to mistake.

[Reference Provisions]

Article 257 of the Civil Procedure Act

Plaintiff-Appellant

Maaptables

Defendant-Appellee

Use Ethics

Judgment of the lower court

The first instance court's net support, Gwangju High Court's Decision 59 Civil Code4 delivered on June 15, 1959

Reasons

According to the reasoning of the judgment of the court below, the court below denied the difference of the defendant, which is a specific object claimed in this case, under the premise that the defendant is currently in possession of the defendant. Therefore, it is clear that the plaintiff is actually in possession of the plaintiff's claim, so the plaintiff's claim is not sufficient to prove the fact that the specific object is currently in possession of the defendant, and the plaintiff's claim should not be dismissed. Thus, it is obvious that the court below decided that the plaintiff's decision against the plaintiff should not be dismissed, and that the plaintiff's claim should not be dismissed. Thus, in full view of the testimony of the inside and outside of the witness of the court of first and second instances, it can be recognized that the defendant was kept in possession of the factory operated by the defendant and that the defendant is still in possession of the defendant, under the premise that the defendant is currently in possession of the plaintiff main body of the court of first instance after the first instance, and that the defendant did not have any obvious error in the law, such as the plaintiff's non-party's non-party's non-party-party-party-party-party-party-party-party-party-party-party's right of pleading.