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(영문) 서울고등법원 2016.11.18 2016나2040772

유체동산인도

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Quotation of the first instance judgment

A. The reasoning for the court’s explanation on the instant case is as follows, and the reasoning for the judgment of the court of first instance is as stated in the column of reasoning of the judgment of the court of first instance. As such, it is cited by the main sentence of Article 4

B. Once the judgment of the court of first instance was rejected, 17 to 18 are as follows.

No. 6, and No. 7 (the document that the plaintiff requested the broker to sell the building of this case in 2011) of No. 7 (the document that the plaintiff requested the broker to sell the building of this case) of this case while the plaintiff carried out his/her household tools before May 5, 2015, and the plaintiff did not mention the corporeal movables until August 31, 2015, while the plaintiff took out his/her household tools before May 5, 2015.

(7) According to the evidence No. 1, the Plaintiff and the Defendant determined to deduct KRW 160,00,000 from the purchase price as stipulated under a special contract of the instant sales contract. The Defendant, the purchaser of the instant building, who was the purchaser of the instant corporeal movables, succeeds to all the previous lease agreements entered into between the Plaintiff and the occupant. Taking full account of the following, it can be deemed that the agreement is premised on maintaining the current status of the use of the instant corporeal building, including the use of all kinds of corporeal movables in which most of the instant corporeal movables were used.

2. Accordingly, the judgment of the court of first instance is justifiable, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.