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(영문) 제주지방법원 2019.06.26 2018나13455
반려견 반환 청구
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The court's explanation of this part of the basic facts is the same as the pertinent part of the reasoning of the judgment of the first instance, and thus, citing it in accordance with the main sentence of Article 420 of the Civil Procedure Act

2. The Plaintiff’s summary of the Plaintiff’s claim is premised on the premise that the Plaintiff succeeded to or acquired the ownership of the instant return dog from Defendant B or Jeju Special Self-Governing Province, or acquired it in good faith, and sought the return thereof against the Defendants, the possessor of the instant return dog

3. Determination

A. First of all, we examine whether the Plaintiff succeeded to or acquired the ownership of the instant return dog from Defendant B. The Plaintiff’s possession of the instant return dog by May 10, 2017 upon Defendant B’s request is as follows: (a) the Plaintiff was in possession of the instant return dog by February 12, 2018 after having found the Jeju-do Organic Animal Protection Center on May 10, 2017; and (b) the Plaintiff received the instant return dog by February 12, 2018; (c) however, according to the evidence evidence Nos. 1, 3 (including paper numbers) and 4, the Plaintiff received the instant return check from Jeju-do Organic Animal Protection Center and received the instant return to the Plaintiff until the date of the examination; and (d) it is recognized that the Plaintiff occupied the instant return dog by February 12, 2018 at the Defendant’s request, and therefore, there is no other evidence to acknowledge that there was no agreement between the Plaintiff’s succession to the ownership of the instant report from the Plaintiff.

Article 20 of the Animal Protection Act (1) Where the owner, etc. of an animal cannot be known even after ten days from the date of public announcement. (2) Where the owner, etc. of an animal renounces the ownership of the animal, and (3) The owner, etc., of the animal shall bear care

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