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(영문) 서울중앙지방법원 2015.05.21 2014가단158808
목적물반환
Text

1. The Defendant’s KRW 500,000 and the Plaintiff’s annual interest thereon from June 11, 2013 to May 21, 2015.

Reasons

1. The Defendant, without the Plaintiff’s consent, arbitrarily disposed of “LG REIUM LP-252 CAB container LP-252 CAB” owned by the Plaintiff (hereinafter “the instant outdoor equipment”), and the Defendant is obligated to return the instant outdoor equipment to the Plaintiff, and is obliged to compensate the Plaintiff for mental damage caused by the Plaintiff’s failure to use the instant outdoor equipment.

2. Determination

A. Although the plaintiff sought the return of the outdoor period of this case, the fact that the outdoor period of this case had already been lost or discarded and the defendant had not occupied is not disputed between the parties. Thus, the above claim for return on the premise that the defendant had occupied the outdoor period of this case and the aforementioned claim for return cannot be accepted.

B. On May 4, 2011, between the Plaintiff’s Dong C and the Defendant, the Plaintiff recognized the damages claim portion 1) on May 4, 201, Jongno-gu Seoul DNa 205 (hereinafter “instant building”).

The Defendant entered into a lease agreement and accordingly, he resided in the building of this case from around that time.

At the time of the Defendant’s moving into the instant building, the instant outdoor aircraft owned by the Plaintiff and the instant fish containers were installed in the instant building. However, the Defendant agreed not to use the said fish containers, thereby bringing the Plaintiff only to the said fish containers. The instant outdoor aircraft, which was installed outside the instant building, was left as they were.

On June 11, 2013, the Defendant: (a) installed new air-containers on the instant building; (b) ordered an installation engineer of the instant air-container to remove and bring about the existing air-containers.

On June 11, 2013, the Defendant issued a text message to the Plaintiff’s husband E prior to the aforementioned removal, stating that “I would see how I would see the existing outwards in order to install a less-to-beer container at the low-to-beer level” on June 11, 2013, and that the removal would take place at around 15:20 on the same day.

If it is not harsh, the answer is soon.

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