(영문) 서울중앙지방법원 2016.02.17 2015가단5014160

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(영문) 서울중앙지방법원 2016.02.17 2015가단5014160

기타(금전)

Text

1. The Plaintiff:

A. Defendant A shall pay 50,531,879 won and 25% per annum from January 13, 2015 to the date of full payment.

Reasons

1. Claim against the defendant A;

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Applicable provisions of Acts: Judgment by deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. The fact that the defendant in the claim against the defendant B possessed the goods listed in the attached list does not conflict between the parties, and the plaintiff can be acknowledged as the owner of the above goods in full view of the purport of the whole pleadings in the evidence No. 1 and No. 4. Thus, the defendant is obligated to deliver the above goods to the plaintiff.

As to this, the defendant acquired possession of the above article, which was installed in the above real estate, from A, in acquiring the real estate located in the Jeonsung-gun, Jeonsung-gun, and it constitutes the case of possession of the above article in good faith and without negligence, and even if A is not the owner of the above article, the defendant acquired ownership of the above article.

In light of the overall purport of the arguments, as a whole, there is no evidence to prove that A was negligent in acquiring the above article from A because the Defendant was unaware that he was not the owner of the above article. Rather, considering the overall purport of the arguments in the statement No. 5-1, No. 2, No. 16-1, and No. 2, the above article was an elevated boiler up to 54,000,000 won, under which A entered into a lease agreement as stated in paragraph (2) as a cause of the claim with the Plaintiff to use the above article for the operation of bath bath in the above article, and the above article was installed in the above article, and the bathing business was poor, and the above article was sold to A to the Defendant for KRW 320,00,000,000. The above amount of KRW 170,000,000 was acquired by the Defendant, and the remainder of the purchase price was paid by the Defendant to A. at the time of acquisition of the above article.

참조조문

-민사소송법 제208조 제3항 제2호

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