logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원남원지원 2017.08.23 2017가단33
건물명도(인도)
Text

1. The defendant shall list the plaintiff in the attached Form B, which is located within the main floor of the Jeonbuk-gun's Net Standagllllll.

Reasons

1. Determination on the request for the removal of corporeal movables

A. Examining the reasoning of the judgment on the cause of the claim as to Gap evidence Nos. 1 and 4 (including a provisional number), Eul evidence Nos. 2, and Eul evidence Nos. 2, and the whole purport of the pleadings as a result of the on-site inspection by this court, it is acknowledged that the plaintiff completed the registration of ownership transfer on May 13, 2016, as to the corporeal movables, including the corporeal movables listed in the attached list (hereinafter “the corporeal movables in this case”) in the auction procedure for the corporeal movables owned by the traditional food farming association corporation, and the corporeal movables in this case among the corporeal movables awarded by the defendant, are currently pending in the factory in this case.

According to the above facts, the plaintiff, as the owner of the factory of this case, is entitled to claim the removal of interference based on the ownership, and thus, the defendant is obligated to collect the corporeal movables of this case against the defendant.

B. The Defendant’s assertion regarding the instant corporeal movables is stored in some of the instant corporeal movables containers (attached Form No. 1) by a third party’s livers, etc., and thus, only the above livers containers cannot be collected.

The plaintiff asserts to the effect that the plaintiff cannot respond to the plaintiff's request for collection until he is compensated for damages incurred by the defendant as part of the corporeal movables owned by the defendant was stolen or used arbitrarily without the defendant's consent.

However, the above circumstance alleged by the defendant alone cannot obstruct the establishment of the plaintiff's right to collect corporeal movables of this case against the defendant or prevent the exercise of its right. Thus, the defendant's above assertion on this issue is without merit.

2. Determination as to the claim for indirect compulsory performance

A. The defendant alleged by the plaintiff is justified.

arrow