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(영문) 광주지방법원 2021.01.29 2019나60669
유체동산인도
Text

The plaintiff's appeal is dismissed.

The plaintiff's claim extended by this court is dismissed.

Reasons

1. Basic facts

A. On September 26, 2003, the Plaintiff was registered as the owner of the share of the share of the share of the share of the share of the share of the share of the share of the share of the share of the share of the share of the share of the share.

B. On August 13, 2012, the Defendant paid KRW 23 million to E, who is the husband of the Plaintiff, and received delivery of the instant weighter from E.

(c)

E died on December 16, 2013.

(d)

From August 13, 2014 to August 13, 2018, the Defendant subscribed to the instant flag insurance for a period of four years from August 13, 2014, and as of the closing date of the pleadings of this case ( January 15, 2021).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 3, Eul evidence No. 1, and the result of inquiry into facts about F corporation of the first instance court, the purport of the whole pleadings

2. Determination as to the claim for extradition during the period of this case

A. The fact that the plaintiff is registered as the owner of the Aircraft of this case in the construction machinery registration ledger of construction machinery registration as to the cause of the claim, and that the defendant currently occupies the said Aircraft of this case.

Therefore, barring any special circumstance, the Defendant is obligated to deliver the term of this case to the Plaintiff.

B. The Defendant’s defense was purchased from E, the actual owner of the instant mid-term season, around August 2012, and paid the purchase price in full to E. As such, the Defendant had the right to possess the instant mid-term season.

defense.

On August 13, 2012, the Defendant paid KRW 23 million to the deceased E, who is the husband of the Plaintiff, and around that time the Defendant received the above period from the deceased E; the Defendant continued possession of the said period from the time when the Plaintiff was delivered the Plaintiff’s husband to the date when the pleadings of this case were concluded; and the Defendant purchased the instant period for four years from August 13, 2014 to August 13, 2018.

In addition, according to the purport of the whole argument, the term of this case is the machinery used by the deceased E, the husband of the plaintiff, and the name of registration in the registration ledger of construction machinery was in the future of the plaintiff.

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