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(영문) 수원지방법원안산지원 2015.08.18 2015가단10387
소유권확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s cause of the Plaintiff’s claim: (a) purchased each movable listed in the separate sheet (hereinafter “instant movable”); and (b) acquired ownership by paying and purchasing the pertinent movable property in the separate sheet (hereinafter “B”); (c) even if “B” was not the owner of the instant movable, the Plaintiff purchased the instant movable property with no knowledge of such fact without fault; and (d) thus, the Plaintiff should be deemed to have bona fide acquired the ownership of

As such, the Defendant is dissatisfied with the instant movable property even though it was the owner of the instant movable property, so the Plaintiff seeks confirmation as the owner of the instant movable property.

B. Since it is insufficient to recognize that “B” claiming that the Plaintiff purchased the instant movable by itself based on the written evidence evidence Nos. 1 through 7 is the owner of the instant movable, the act of “B” selling the instant movable to the Plaintiff as an unentitled person is deemed to have been transferred to the Plaintiff as an unentitled person, and it is invalid as it was done by a non-owner unless the requirements for bona fide acquisition are met

The Plaintiff’s bona fide acquisition should be recognized in order for the Plaintiff to have bona fide acquisition. However, the evidence submitted alone cannot be recognized as the possession of the instant movable. Thus, the Plaintiff’s bona fide acquisition assertion is without merit.

2. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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