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(영문) 광주지방법원 해남지원 2018.11.28 2018가합3391
유체동산인도
Text

1. The defendant shall deliver each of the goods listed in the attached list to the plaintiff.

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

3...

Reasons

Facts of recognition

The Plaintiff is a fishing village fraternity established and organized by fishermen residing in the Republic of Korea, Jindo-gun C, and is the owner of each item listed in the separate sheet (hereinafter referred to as “each item of this case”).

The defendant occupies each of the articles of this case as the plaintiff's fishing village fraternity member.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings, the defendant is obligated to deliver each of the goods of this case to the plaintiff who is the owner of each of the goods of this case, unless there are special circumstances.

The defendant asserts to the effect that since D was elected as the fishing village fraternity at the plaintiff's general meeting held on December 31, 2017 at the plaintiff's meeting, E cannot respond to the plaintiff's claim of this case on behalf of E.

However, there is no evidence that D had been legally elected as a fishing village fraternity at the general meeting held on December 31, 2017, and the defendant's above assertion cannot be accepted.

In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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