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(영문) 대전고등법원 2015.12.10 2015나10019
유체동산인도
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On January 31, 2006, the Plaintiff entered into a sales contract with the Defendant to purchase all products and facilities related to the studio, non-medical aircraft (hereinafter “unmedical aircraft”) (hereinafter “instant sales contract”).

The main contents of the instant sales contract are as follows.

Sale goods: The entire content of gold, working, measuring instruments, documents, and other positions (including gold-type) related to the production of ices and the sales price shall be the full transfer of bonds and debts. The Plaintiff and the Defendant shall sell and sell and transfer gold, working, measuring instruments, documents, and other positions (including gold-type) related to the production of ices, and the sales price shall be the full transfer of bonds and debts.

The acquisition and transfer date: the sale of raw and secondary materials and the date of transfer, including the gold field, the place of work, the inspection equipment, the drawings, the unit price table, the development data, the UL, the VDE, and the TUV approved sources: January 31, 2006;

B. The defendant currently occupies the facility of this case.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. As to the cause of claim

A. The Plaintiff’s assertion, through the instant sales contract, took over all the Defendant’s business related to the production business related to the location of the facility of this case and the manufacturing business related to the US medical aircraft, took over all the Defendant’s debt corresponding to the purchase price, and acquired the ownership of the instant facility by means of an occupancy revision.

Therefore, the defendant who possesses the facility of this case is obligated to return the above facility owned by the plaintiff to the plaintiff.

B. According to the instant sales contract, the sales goods include gold and facilities.

In addition, considering the overall purport of Gap evidence 3, Gap evidence 4-1 to 11, Gap evidence 14, Eul evidence 10, and Eul evidence 10, the defendant transferred a gold-related business to the plaintiff in the course of the sales contract of this case and the facilities of this case are located.

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