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(영문) 서울고등법원 2019.12.19 2019나2027473
유체동산인도
Text

1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. As to this part of the facts of recognition, this court’s reasoning is identical to the part of “1. Facts of recognition” in the judgment of the court of first instance, except for the following cases where the court has accepted it: (a) this part of the facts of recognition is as stated in the main sentence of Article 420 of the Civil Procedure Act.

The part of the judgment of the court of first instance shall be filled by both the 2nd and 7th and the 2nd and lower than the 7th "Defendant B" to "Defendant".

Part V of the judgment of the court of first instance, Defendant C (hereinafter “Defendant C”) was used as “Codefendant Codefendant Codefendant Codefendant Codefendant Codefendant Codefendant in the first instance trial (hereinafter “C”)” under Part II, and all Defendant C et al. are used as “C” under the aforesaid part of the attached Table.

In the judgment of the first instance, the part of the 6th to 2th of the 1st of the judgment was changed to “here.”

From 6th to 10th of the first instance judgment “I”

(i) “After attachment, I conducted a quoted auction on July 16, 2019 with regard to I, and sold it to the Defendant who reported the purchase of KRW 6,140,000 at the highest price, and simultaneously delivered it to the Defendant at the same time as the purchase price was paid in KRW 6,140,000 from the Defendant.

"No. 8" in the first instance judgment, No. 6, No. 12, written "No. 8", written in "8, 9".

2. The Plaintiff, based on the premise that he/she himself/herself is the owner of I, sought the transfer of I to the Defendant.

However, according to the above facts of recognition, the defendant purchased I and paid I in the auction procedure on July 16, 2019, and acquired I's ownership. Thus, the prior plaintiff's claim in this case on a different premise is without merit.

3. In conclusion, the plaintiff's claim of this case against the defendant shall be dismissed as it is without merit.

Since the part of the judgment of the first instance against the defendant in its conclusion is unfair, the defendant's appeal is accepted, and it is revoked, and the plaintiff's claim against the defendant is dismissed. It is so decided as per Disposition.

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