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(영문) 광주지방법원 해남지원 2018.11.20 2017가단21821
동산인도 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. On May 9, 2007, the Plaintiff’s assertion entered into a contract with D, operating C, to purchase 2,390,000,000 won of the attached Table 1, but changed the contract to purchase 38,40,000 won of the attached Table 2 on May 25, 200.

Although the Plaintiff intended to disclose the fire, etc. purchased from D as above to E, widely known that the access road was not available to the Plaintiff due to the lack of access road, the Plaintiff only purchased the fire and ties listed in the separate sheet that entered Korea from D and at the time of August 2007, and agreed to substitute the price paid by the Plaintiff up to that time. The purchase price paid by the Plaintiff to D up to that time is KRW 21 million (i.e., KRW 5 million on May 9, 2017, KRW 5 million on May 10, 2017, KRW 6 million on May 25, 2007, KRW 400 million on May 28, 2007, KRW 2007,000,000 on August 30, 2007).

Meanwhile, at the time, the Plaintiff and D agreed to keep them in C until the Plaintiff prepared a place where the Plaintiff would be aware of each ins and coordinates listed in the separate sheet, and D transferred each ins and coordinates listed in the separate sheet to the Plaintiff by means of the change of possession of D, thereby acquiring the ownership of the Plaintiff, and D kept each ins and dollars listed in the separate sheet for the Plaintiff.

In addition, D died in November 2012, and thereafter, since that time, the defendant, who was his own son, occupied the statues and coordinates listed in the separate sheet that he owned by the plaintiff while operating C, and around September 2017, the defendant did not comply with the plaintiff's request to deliver the statues and coordinates listed in the separate sheet No. 1, No. 2, 2017 that he disposes of the statues and coordinates listed in the separate sheet No. 3 without the plaintiff's permission.

Therefore, the defendant is obligated to deliver it to the plaintiff, who is the owner of each Buddhist and unit in the attached list Nos. 1 and 2, and the plaintiff is owned by the plaintiff who arbitrarily disposed of the compensation for damages without the plaintiff's permission.

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