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(영문) 전주지방법원군산지원 2020.05.26 2019가단3184
동산인도 청구
Text

1. The Defendants shall deliver to the Plaintiff each movable property listed in the separate sheet.

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

Reasons

1. Facts of recognition;

A. Based on the execution certificate against Defendant B (No. 1301, 2019, a notary public applied for compulsory execution against the corporeal movables owned by Defendant B. On May 21, 2019, the Plaintiff purchased each movable property listed in the separate sheet as the highest buyer on May 21, 2019 (hereinafter collectively referred to as “instant movable property”), and acquired ownership by paying five million won for the sale price.

B. The Defendants currently occupy the instant movable property.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the defendants are obligated to deliver the movables of this case to the plaintiff, unless there are special circumstances.

B. As to this, Defendant C asserted that the remaining movables except laundry, among the instant movables, were purchased by himself/herself while living together with Defendant C, and that they were owned by himself/herself, but there is no evidence to prove otherwise, and thus, Defendant C’s assertion cannot be accepted.

3. Conclusion, the Defendants are obligated to deliver the instant movable property to the Plaintiff. Thus, the Plaintiff’s claim is justified.

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