Text
1. The Defendants shall deliver to the Plaintiff movable property listed in the separate sheet.
2. The costs of lawsuit are assessed against the Defendants.
3...
Reasons
1. Determination as to the cause of claim
A. On December 18, 2012, the Plaintiff sold each machine listed in the separate sheet (hereinafter “each of the instant machines”) to C in KRW 139,590,00,000. Of the sales amount, KRW 41,877,000, the Plaintiff was paid at the time of a contract and paid the remainder of KRW 97,713,00 in installments for a period from January 30, 2013 to December 12, 2013. The Plaintiff concluded a sales contract for an ownership reservation with the content that the Plaintiff reserves ownership until the payment is made.
C agreed to pay 53,924,500 won unpaid out of the purchase price on August 7, 2014 to the Plaintiff from September 30, 2014 to pay 30% of the monthly sales from September 30, 2014, but to return each of the instant machinery to the Plaintiff in the event of nonperformance.
Each of the instant machinery is leased to Defendant A Co., Ltd. (hereinafter referred to as “Co., Ltd.”) to Defendant B and used by Defendant B.
[Ground of recognition] Unsatisfy, entry of Gap3-5 evidence, purport of whole pleadings
B. According to the above facts of recognition, each of the instant machinery was purchased by C under a special contract for the reservation of ownership, and was owned by the Plaintiff before the payment of the purchase price was made in full. As such, the Plaintiff is entitled to claim ownership not only C, the purchaser, but also the Defendants, the third party, until C pays the purchase price in full.
The Defendants are obligated to deliver each of the instant machines to the Plaintiff, barring special circumstances.
2. The defendants' bona fide acquisition defense: rejected.
A. The Defendants asserted that Defendant A purchased each of the instant machinery from C without knowledge of the existence of ownership reservation on September 30, 2014 and acquired it in good faith.
(b) If a person who was jointly and openly assigned a movable had possession of it in good faith and without negligence, he shall acquire its ownership immediately even if the transferor is not a lawful owner;
(Article 249 of the Civil Code). The burden of proof of negligence in bona fide acquisition is the assertion of bona fide acquisition.