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(영문) 대구지방법원 2016.06.28 2016가단105494

유체동산인도

Text

1. The Defendants jointly do so to the Plaintiff:

(a)each movable property listed in the separate sheet (the Defendant’s new gift (hest.).

Reasons

1. Facts of recognition;

A. While the Plaintiff and Defendant B completed marriage on November 30, 2013, the marriage was completed, they were living together with 2 weeks of the place where they were placed up of a marriage ceremony due to the lack of the marriage life, and the marriage was broken down.

B. While married with Defendant B, the Plaintiff purchased each of the instant movable properties listed in the separate sheet (hereinafter “each of the instant movable properties”) excluding eight points in the Defendant’s new gift (e.g., an empty male) at the expense indicated in the separate sheet, and sent them to the Defendants as pre-determined or mixed goods. The Defendants currently keep them in custody.

[Ground for Recognition: Facts without dispute, Gap evidence 1 and 2 (including branch numbers)

(2) The grounds of appeal No. 1

2. Determination as to the claim

A. According to the above facts of the judgment as to the cause of the claim, each of the instant movables is a tugboat delivered by the plaintiff for marriage, a prejudgment or a congested article, and the plaintiff's application of each of the instant movables to the defendants has the character of donation under the condition of rescission of marriage.

In full view of the above facts of recognition, the plaintiff and the defendant B got out of a de facto marital failure in a short period, and thus, the plaintiff's donation of each of the instant movable property against the defendants was revoked.

Therefore, barring special circumstances, the Defendants are jointly obligated to deliver each of the instant movables, which are kept in custody by the Plaintiff, to the original state. In the event that there is an impossible movable, the Defendants are obligated to pay expenses equivalent to the market price of the said movable property.

(A) If compulsory execution is impossible, the plaintiff sought payment of damages for delay at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the day following the delivery of a copy of the complaint on the total amount of the expenditure expenses until the day of full payment, but whether it is impossible to enforce enforcement is not clear at the time of

The Defendants’ assertion as to each of the instant movable property, scke, and so on.