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(영문) 부산지방법원 2016.09.08 2016가단1232
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. B was awarded a subcontract for a civil engineering work among the new construction works of Busan Seo-gu C and D (hereinafter “instant land”) ground officetels from a comprehensive construction company on November 28, 2002.

The Plaintiff, upon the direction of B, installed the sn beam beamline owned at the construction site (hereinafter referred to as the “sn beamline of this case”).

B. The instant land has been transferred several times to another, and the Defendant continues to purchase the instant land and obstacles and continue the construction suspended on or around 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 6, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff asserts that the sloping beam of this case was owned by the plaintiff, and that the defendant infringed or unjustly infringed the sloping beam of this case, and that the plaintiff is obligated to compensate for value since it is impossible to return the original

However, as long as the Plaintiff installed the H beam beam on the instant land in accordance with B’s instruction (not clear whether it is a contractual relationship with any other party), the Defendant infringed the ownership of the H beamline in the instant case even if it was not paid by B or the original office, etc.

The plaintiff's claim is dismissed because it is difficult to regard it as unjust enrichment or equivalent value.

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