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(영문) 의정부지방법원 2015.06.16 2015가단1024
동산인도
Text

1. The defendant shall deliver to the plaintiff each movable property listed in the separate sheet.

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

3...

Reasons

1. Basic facts

A. Since the Plaintiff newly built and leased the instant building C at the Government-si on March 1, 2009 (hereinafter “instant building”), the Plaintiff has been running the said business by reporting the business to be a living accommodation facility from the government market on March 15, 2012 pursuant to Article 3(1) of the Public Health Control Act.

B. On March 26, 2013, the procedure for compulsory sale by official auction (hereinafter “instant auction procedure”) was initiated regarding the instant building, etc., and on September 25, 2014, the Defendant acquired ownership of the said building, etc. by full payment of the sale price.

C. Meanwhile, each head office of the instant building has each movable property listed in the separate sheet (hereinafter “each of the instant movable property”), which was purchased and installed by the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1, 4, and 5 (including virtual number), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that even if the defendant was sold the building of this case in the auction procedure of this case, as long as each of the movables of this case was not included in the objects of auction, the ownership of each of the above movables cannot be acquired. Thus, the defendant is obligated to deliver the movables of this case to the plaintiff, the owner of the movables of this case.

Accordingly, the defendant asserts that since each of the movable property of this case is attached to the above building or belongs to the accessory of the above building, the plaintiff's claim is groundless.

B. In order for each of the instant movables to be recognized as identical to the instant movables pursuant to Article 256 of the Civil Act, whether they are attached to the said movables to the extent that they cannot be separated without causing damage to, or excessive costs and their physical structure, use and function are existing real estate independent of economic utility.

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