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(영문) 수원지방법원성남지원 2016.09.23 2016가단211834

유체동산인도

Text

1. The defendant shall deliver to the plaintiff corporeal movables listed in the attached list.

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

Reasons

1. Facts of recognition;

A. On December 18, 2014, the Plaintiff sold corporeal movables listed in the separate sheet (hereinafter “the instant corporeal movables”) to D running a restaurant in the name of “C” (hereinafter “C”) for KRW 5,500,000,000 among the above sales proceeds, the Plaintiff agreed to have ownership of the instant corporeal movables for KRW 1,50,000 on the date of the contract, and the remainder of KRW 4,000,000 from January 1, 2015 to April 2015. However, the Plaintiff agreed to have ownership of the instant corporeal movables until D pays the Plaintiff in full.

B. However, D did not pay the Plaintiff the remaining 4,000,000 won, and around October 2015, D transferred the entire restaurant of this case, including the instant corporeal movables, to the Defendant at KRW 10,000,000, around October 2015.

C. At present, the Defendant is operating the instant restaurant while occupying and using the instant corporeal movables.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings

2. According to the above facts, the corporeal movables in the instant case are purchased from the Plaintiff under a special contract for the reservation of ownership, and are still owned by the Plaintiff before the purchase price is fully paid. As such, the Plaintiff, as well as D, the purchaser of the instant corporeal movables until the purchase price is fully paid, may assert its ownership against the Defendant, a third party, who was transferred corporeal movables from D.

Therefore, barring special circumstances, such as that the Defendant has a legitimate title to possess and use the instant corporeal movables, the Defendant is obligated to deliver the instant corporeal movables to the Plaintiff.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.