동산인도 등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Determination on the cause of the claim
A. Fact-finding 1) The Plaintiff is a logistics device leasing company that constructs and operates a distribution device distribution pool system that jointly uses a telett (to store and store goods in a certain size and unit, to transport them easily) according to the lease method. The Defendant is a medium freezing and freezing equipment sales business entity. 2) The company that entered into a telet lease contract with the Plaintiff is engaged in a trade by delivering all the goods owned by the Plaintiff and the goods supplied to its customers to its customers. The telett owned by the Plaintiff includes the same phrases as indicated in the [Attachment] list.
3) The Defendant’s sheet 126 sheets listed in the separate sheet owned by the Plaintiff (hereinafter “instant sheet”).
(1) in possession of the company. [Grounds for recognition] Unsatisfy, Gap evidence Nos. 1 to 5 (if any, with a serial number), each entry, including a serial number, and the purport of the whole pleadings.
B. According to the above facts of recognition, the defendant is obligated to deliver the instant path to the plaintiff, unless there are special circumstances.
2. The defendant's argument as to the defendant's assertion argues to the purport that since the strike of this case was purchased from a third party without knowing that it was the plaintiff's ownership, or was awarded a successful bid through the court's corporeal movables auction, the defendant bona fide acquired it.
According to the purport of each of the statements and arguments in the evidence Nos. 2 and 3, the Defendant may recognize the fact that part of the instant strike was awarded by the court in the auction procedure for corporeal movables.
However, as seen earlier, the sales slips of this case include the phrase “the instant sales slips are owned by the Plaintiff and prohibited from disposing of them without the Plaintiff’s permission.” The Defendant was awarded a successful bid for the instant sales procedures, including the instant sales slips, on several occasions, by a business proprietor engaged in the business of selling the heavy freezing and cooling machinery.