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(영문) 제주지방법원 2016.05.13 2015가단54027
물품인도청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Based on the facts, the Plaintiff entered into an entrusted management agreement with the Defendant on November 1, 2009 and the Defendant’s Jeju-si, Inc. (hereinafter referred to as “instant entrustment agreement”) and operated the said riding club by October 31, 2012.

The main contents of the consignment management agreement concluded between the Plaintiff and the Defendant are as follows:

Article 1 The plaintiff, as an entrusted manager, shall act on behalf of the defendant and faithfully perform all the rights and obligations in management as the representative.

Article 2 8(1) of the Act provides that “The scope of the use of the riding course shall be approximately KRW 5,00 in and out of approximately KRW 5,00, one manager, one office, and the escape room within C” Article 5 of the Act provides that the Defendant shall have exceeded all the rights and obligations under the operation of the Plaintiff. The Plaintiff shall execute

Article 7 Restoration Measures shall be taken when all facilities inside the riding track are damaged or damaged, and the change of the facilities and location shall be subject to the consent of the defendant, and no compensation shall be claimed to the defendant for the structures installed by the plaintiff, and when the entrusted management is terminated, it shall be reverted to this riding course

The Plaintiff installed a container attached to the list in the riding ledger (hereinafter referred to as the “instant article”) in the course of operating the above riding ledger.

[Ground of recognition] The plaintiff's assertion as to the ground for the claim of Gap's evidence Nos. 1 through 4 and the entire argument as to the ground for claim of the plaintiff's assertion was based on the entrusted agreement of this case, and the plaintiff installed the goods of this case on the ground while operating the riding track.

However, since the entrustment agreement of this case was terminated, the defendant is obligated to deliver the goods of this case to the plaintiff.

Judgment

According to Article 7 of the instant consignment agreement, the structure installed by the Plaintiff on the riding track belongs to the riding track at the time of termination of the consignment agreement.

Therefore, since the ownership of the instant article belongs to the Defendant, who is the owner of the riding track, the Plaintiff cannot seek delivery of the said article to the Defendant.

As to this, the Plaintiff Article 7 of the instant consignment agreement.

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