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인천지방법원 2017.12.12 2017나55087
유체동산인도
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. On October 201, the Plaintiff asserted that each of the movable property listed in the separate sheet owned by the Plaintiff (hereinafter “each of the movable property of this case”) was entered into a free contract with the Defendant, a punishment of the former spouse C, around October 201.

Therefore, each of the movables of this case is sought as the exercise of the right to claim the return based on ownership, and in the case of preliminary impossibility of delivery, 20,000,000 won is claimed as the total market value of each of the above movables.

2. The evidence submitted by the Plaintiff alone is insufficient to recognize that the free lease contract was concluded between the Plaintiff and the Defendant with respect to each of the instant movables, and there is no other evidence to acknowledge it, and it is also unclear whether each of the instant movables existed at the time of October 201, 201, as alleged by the Plaintiff.

Therefore, the plaintiff's assertion is without merit.

3. If so, the plaintiff's main and ancillary claims are all justified, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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