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(영문) 의정부지방법원 2016.01.21 2015가단102934
유체동산인도
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination on the cause of the claim

A. The gist of the Plaintiff’s assertion is the owner of the movable in the separate sheet (hereinafter “the movable in this case”). The Defendant occupied the movable in this case without any authority, and as such, the Defendant is obligated to deliver the movable in this case to the Plaintiff, and the value of the movable in this case is to be paid in compensation for damages.

B. According to the records in Gap evidence No. 8, the plaintiff, on October 27, 2014, deposited "E goods 35,000 goods (hereinafter " separate goods") into the warehouse designated by D, and all goods produced and entered in cash in the warehouse by the plaintiff, who is not responsible for production and offered by D, into the warehouse of D. D. The plaintiff separately entered into the warehouse and paid KRW 50 million as the down payment after checking the volume after the goods entered into the warehouse of D. The plaintiff paid KRW 2,00,000 as the down payment after checking the volume of the goods, and 50,000,000,000 won as the sum of 1,200,000,000 won as the second and 3,000,000 won as the first and second. The open price is 3 months,00,000,0000 won as the total amount of the loans, but it can not be paid for more than 3 months."

However, the above facts and the evidence presented by the plaintiff alone are insufficient to recognize that the movable property of this case is owned by the plaintiff, and there is no other evidence to acknowledge it. Thus, the plaintiff's assertion is without merit without further review.

2. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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