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(영문) 인천지방법원 부천지원 2018.10.17 2018가합101092

소유권확인

Text

1. Defendant B Co., Ltd.:

(a) deliver the attached list of machinery and equipment;

(b) 180,000,000 won and its corresponding;

Reasons

1. The summary of the Plaintiff’s assertion is the machinery and equipment listed in the separate sheet.

The Defendants, without title, jointly possess the machinery and equipment listed in the separate sheet without title, and lease it to a third party and gain unjust enrichment.

Therefore, the Defendants should deliver the Plaintiff’s attached list machinery and equipment to the Plaintiff, and the Defendants should pay the Defendants the unjust enrichment of KRW 180 million from May 2015 to May 2017 using the attached list machinery and equipment, and the interest in arrears therefrom.

2. The judgment on the claim against the defendant B is deemed to have led to the confession of all of the alleged facts in accordance with Article 150(3) and (1) of the Civil Procedure Act.

Therefore, Defendant B is obligated to deliver the attached list machinery and equipment to the Plaintiff, and pay the Plaintiff with 180 million won of unjust enrichment and damages for delay calculated by 15% per annum from April 5, 2018 to the date of full payment, which is the following day after the copy of the complaint in this case was served on Defendant B.

3. According to the following circumstances, the evidence submitted by the Plaintiff alone is insufficient to acknowledge the fact that Defendant C jointly occupies the machinery and equipment listed in the separate sheet with Defendant C, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s assertion on this part is not acceptable.

① Machines and equipment listed in the separate sheet are installed in the instant workplace, and Defendant B, not Defendant C, entered into a lease agreement on the instant workplace with the lessor (AFC).

(A) 6. (2) On January 10, 2017, Defendant B’s corporate director’s seal is affixed to the lessor column of the rental agreement of January 10, 2017, with the content that the machinery and equipment, including the machinery and equipment in the separate sheet, are leased to D (E)

(A) No. 8. (3) A written confirmation of asset description confirming that mechanical equipment, etc. in the attached list are Defendant B’s assets.