유체동산인도
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The Plaintiff’s assertion that the Plaintiff asserted by the Plaintiff acquired ownership by taking over the articles listed in the separate sheet from D (hereinafter “instant movable property”).
However, since the Defendants occupied the instant movable property, they seek delivery of the instant movable property against the Defendants.
The instant movable property asserted by the Defendants is consistent with, or is an accessory to, the real property awarded in the Daejeon District Court E Real Estate Auction case.
Therefore, the ownership of the instant movable belongs to the Defendants.
Judgment
First, we examine whether the Plaintiff acquired ownership of the movable property of this case.
The transfer of ownership of movable property takes effect by delivering the movable(Article 188(1) of the Civil Act). The issue of whether the delivery of movable property was made depends on whether the transferor’s manager’s possession of the movable property can be evaluated as having been transferred to the transferee’s control while maintaining the identity. In order to have the delivery of real property, the transferor’s de facto control over the movable property is entirely transferred to the transferee without maintaining the identity, and the transferee shall continuously and firmly acquire the control over the movable. The transferor must complete the possession of the movable property.
(2) On October 30, 2015, the Plaintiff entered into a contract with the Plaintiff on November 22, 2015 (see, e.g., Supreme Court Decision 2000Da66454, Feb. 11, 200). In light of the above legal principles, the fact that the former owner of the instant movable is D is no dispute between the parties, and comprehensively taking account of the overall purport of the arguments and the entries or videos of the evidence Nos. 1 through 6 (including the number of branch numbers, etc.) of the instant movable property, D entered into a contract with the Plaintiff on October 30, 2015, transferring the movable property listed in the separate sheet No. 2 and paragraph (3) of the attached sheet among the instant movable property to the Plaintiff at KRW 750,000.
However, it is no longer.