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(영문) 대구지방법원상주지원 2016.11.30 2016가단782
유체동산인도
Text

1. Of the instant lawsuit, the part regarding the claim for extradition of corporeal movables listed in Attachment List No. 10 shall be dismissed.

2...

Reasons

1. We examine whether ex officio the part of the request for delivery of corporeal movables as stated in the separate sheet No. 10 is lawful for the part of the request for delivery of corporeal movables as stated in the separate sheet No. 10

The Plaintiff sought from the Defendants the delivery of the “all corporeal movables inside the FF ground single-rises and single-storys,” but the “other corporeal movables” cannot be specified in detail. Thus, if a judgment is rendered in the same manner as the purport of the claim sought by the Plaintiff, the specification of the text of the judgment cannot be provided.

Therefore, the request for extradition pertaining to this part is unlawful.

2. Part on the request for delivery of each of the corporeal movables listed in the separate sheet Nos. 1 through 9

A. Under the premise that each corporeal movables listed in the separate sheet Nos. 1 through 9 are owned by the plaintiff, the plaintiff shall seek the delivery thereof from the defendants.

B. The Plaintiff purchased each of the corporeal movables listed in the attached Tables 1, 4, 5, and 7 from G, H, and I in addition to the purport of the entire pleadings in each of the statements in the evidence Nos. 6-1 through 3, and No. 8, and the Defendants can be recognized as possessing each of the above corporeal movables. Thus, the Defendants are jointly obligated to deliver each of the above corporeal movables to the Plaintiff, except in special circumstances.

The Defendants asserted that each of the above movables was originally owned by the Defendants, or that they were paid to the Plaintiff. However, it is insufficient to recognize each of the descriptions of the evidence Nos. 1 through 3 (including serial numbers; hereinafter the same shall apply) alone, and there is no other evidence to acknowledge it.

The defendants' arguments shall not be accepted.

C. Next, with respect to each of the corporeal movables listed in the separate sheet Nos. 2, 3, 6, 8, and 9, the health stand and the evidence submitted by the Plaintiff alone are insufficient to recognize that the Plaintiff purchased each of the said corporeal movables at its own expense and as its owner.

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