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(영문) 수원지방법원성남지원 2016.10.21 2016가단206177
유체동산인도
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On August 3, 2015, the Plaintiff purchased 1 marine (e.g., Mameras and gender: Mameras and gender: Mameras) (hereinafter “the instant return dog”) at a mutually petial store called “C”.

B. While the Plaintiff was raising the instant return dog, the Plaintiff was proposed to take a disposition of the instant return dog from a pro-friendly job offering D around December 2015.

Accordingly, on December 19, 2015, the Plaintiff delivered the instant return dog to D and granted the right of representation on the disposition.

C. On December 19, 2015, D donated the instant return dog to E (hereinafter “instant donation”) and at that place, E re-donateed the instant return dog to the Defendant.

(hereinafter “instant donation 2”) D.

After that, the Plaintiff withdrawn the disposition of the return of this case and demanded the Defendant and E to return the return of this case, but the Defendant and E refused to do so.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 4, Gap evidence 12, Gap evidence 13, Eul evidence 13, Eul evidence 4, the purport of whole pleadings

2. The parties' assertion

A. On December 19, 2015, the Plaintiff granted the right of representation to D with respect to the disposition of the instant return dog, and deposited the instant return dog by not later than December 20, 2015, and then ordered D to dispose of the instant return dog after December 21, 2015, when the Plaintiff finally decided the disposition of the instant return dog. (2) However, D donated the instant return dog to E on December 19, 2015 without any difference with the Plaintiff, and E re-doed the instant return dog to the Defendant.

3. The right of representation as to the disposition of the return dog of this case conferred by the Plaintiff to D takes effect from December 21, 2015, and the donation of this case No. 1, which took place on December 19, 2015, is null and void as it is by a person without the right of representation. Accordingly, the donation of this case No. 2 is also effective.

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