logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.06.18 2015가단1266
동산인도
Text

1. The defendant shall deliver to the plaintiff each movable in the separate sheet name of the attached sheet.

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

Reasons

1. Facts of recognition;

A. On May 29, 2012, the Plaintiff leased construction materials to A Co., Ltd. (hereinafter referred to as “A”) including the materials indicated in the [Attachment List (hereinafter referred to as “instant materials”) owned by it, and A leased part of the materials, including the instant materials, to the Defendant.

B. After that, as the financial situation of A aggravated due to the bills of exchange, the Plaintiff demanded the Defendant to return the construction materials, including the instant materials, etc., and the Defendant rejected the return on the ground that A did not have been repaid 200 million won.

C. The Plaintiff filed a lawsuit against the Defendant seeking compensation for unjust enrichment due to the use of construction materials, disposal of materials by the Defendant, etc., but the dismissal judgment became final and conclusive on the grounds that it is difficult to recognize the Defendant’s unjust enrichment and the fact of voluntary disposal, etc

(In Busan District Court Decision 2013Na13150 Decided August 20, 2014). [Reasons for Recognition] A without dispute, each entry of evidence Nos. 1 and 5, and the purport of the whole pleadings.

2. According to the above facts of recognition, the defendant is obligated to return the materials of this case owned by the plaintiff, since he occupies them.

On the other hand, the defendant has a legitimate right to possess the materials of this case by properly giving and leasing rent from A.

A asserts that the material of this case was acquired in good faith in lieu of a claim against A.

According to each description of the evidence Nos. 1, 2, 4, and 5 (including paper numbers), the defendant sent a notice to the effect that, on October 15, 2012, a promissory note issued A, which was converted into a middle price, was used for the Corporation by leasing the materials, etc. of this case from A whose representative director is the high-income bracket B, and that, on October 15, 2012, A, a promissory note issued, converted the materials, etc. of this case into a middle price, would be appropriated for payment of 29 billion won. Accordingly, the defendant acquired ownership of the materials of this case.

arrow