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(영문) 인천지방법원 2017.10.18 2017가단7834
유체동산인도
Text

1. The Defendants shall deliver to the Plaintiff the musical instruments and sound instruments listed in the separate sheet.

2. The costs of lawsuit are assessed against the Defendants.

Reasons

1. Comprehensively taking account of the overall purport of arguments in Gap evidence Nos. 1 through 5, 10, and Eul evidence Nos. 7 (including paper numbers), as to the cause of the claim, the following facts are acknowledged: (a) the plaintiff leased the musical instruments and sound equipment listed in the separate sheet owned by the plaintiff to the defendant B several times from January 21, 2015 to July 6, 2015 (hereinafter "the movable property of this case"); (b) the defendant Eul agreed to return the movable property of this case to the plaintiff by February 8, 2017; and (c) the fact that the defendant C currently occupies the movable property of this case.

According to the above facts, Defendant B is a tenant, and Defendant C is obligated to deliver the instant movable to the Plaintiff, a lessor and the owner, as a tenant.

2. Determination as to Defendant C’s defense

A. Defendant C’s assertion on May 11, 2015 leased Nos. 307 and 308 of the building D in Yeonsu-gu Incheon to Defendant B, and Defendant B operated the instant movable property with the instant movable property from the foregoing real property, and in accordance with the terms and conditions of the said lease agreement and the written claim for response to the claim, Defendant C acquired ownership by delivery of the instant movable property from Defendant B. As such, Defendant C has a legitimate right to possess the instant movable property.

B. According to each of the statements in evidence Nos. 1, 2, and 7, it is recognized that Defendant C is currently possessing the movable property of this case based on the terms and conditions of the lease agreement as of May 11, 2015 with respect to Defendant B, and on November 23, 2015 (the name of the building name of Incheon District Court 2015No. 215).

However, Defendant B did not have the right to dispose of the instant movable property owned by the Plaintiff, and Defendant C occupied the instant movable property in good faith and without negligence to acquire ownership of the instant movable from Defendant B, thereby satisfying the requirements for bona fide acquisition under Article 249 of the Civil Act. Such good faith and negligence must be proved by Defendant C.

However, the submitted evidence alone is the defendant C.

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