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(영문) 대구지방법원 2015.10.30 2015가단105237
유체동산인도
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. On September 4, 2014, the Plaintiff concluded a sales contract with D to sell each of the corporeal movables listed in the separate sheet (hereinafter “instant medical device”) for KRW 93,930,000, and delivered it to D on September 15, 2014.

The Plaintiff and D agreed that the Plaintiff shall have ownership of the instant medical device before D pays the purchase price to the Plaintiff in full.

D From October 9, 2014 to January 2015, 2015, the remainder of KRW 58,930,000, except for the remainder of KRW 35,000,000 paid as down payment out of the above purchase price, was paid in 5,00,000 on the last day of each month, and the Defendants died on February 9, 2015, and on the same day succeeded to D.

Therefore, the Defendants are obligated to deliver the said medical device to the Plaintiff, who is the owner of the instant medical device.

2. As of the date of the closing of argument of this case, the Plaintiff is a person who has already received the medical device of this case from the Defendants, and thus, the Plaintiff’s claim against the Defendants is dismissed in its entirety as it is without merit. It is so decided

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