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(영문) 서울중앙지방법원 2018.02.13 2015가단5354585

동상반환 등 청구의소

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1. The defendant shall be the plaintiff.

(a) deliver one point in the attached list, as shown in the attached list;

B. Compulsory execution under the above paragraph (a) is enforced.

Reasons

1. Facts of recognition;

A. On March 2010, the Plaintiff: (a) requested C to sell the same attached list owned by the Plaintiff, which was donated by D, to a sales business, such as curios, around March 2010; and (b) requested C to keep the same in custody.

B. At the time of May 2012, C transferred the instant club to the Defendant’s office that operated the business together, and the Defendant currently occupies the said club.

C. According to the appraisal statement prepared by D, the Plaintiff’s reference, at the time of purchase in the United States, the above transaction price is US$ 35,000.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 4-1 and 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the facts of the above recognition of the extradition request portion on the Dong of this case, the defendant has a duty to deliver the above movement to the plaintiff as the owner of the Dong of this case.

B. In a case where a creditor of the subject claim seeks compensation in addition to the compensatory damages that will substitute for the claim for the original performance, and files a lawsuit, the subject claim is based on the premise that the original claim for payment exists, and where this is impossible before the judgment becomes final and conclusive, or where it becomes impossible to execute the claim after the judgment becomes final and conclusive, the consolidation between the two claims is allowed as falling under the simple combination of the claim for payment and the future performance claim (see Supreme Court Decision 2011Da3066, 30673, Aug. 18, 201). In this case, the time of calculating the subject amount ought to be calculated based on the price of the original performance at the time of the conclusion of the trial court’s argument.

(See Supreme Court Decision 75Da450 delivered on July 22, 1975). In this case, the plaintiff may claim compensatory damages in preparation for the impossibility of execution of the judgment ordering the delivery of the same title, and the equivalent value shall be calculated based on the price at the time of the closing of argument in the above case, which is the original benefit.