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(영문) 제주지방법원 2016.09.28 2015나2805
동산인도
Text

1.The judgment of the first instance shall be modified as follows:

The plaintiff, the defendant B, each of the movables listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On June 24, 2011, Defendant B borrowed eight million won from the Plaintiff, and on September 23, 2011, Defendant B drafted a notarial deed stating the same date as above and the declaration of intent to recognize compulsory execution in the event of nonperformance.

B. As the Plaintiff was unable to receive the above loan from Defendant B, it filed an application for auction of movable property on the basis of the above notarial deed. On October 25, 201, Jeju District Court Decision 201No. 1071 decided October 25, 201, the sale date of movable property auction case No. 201 decided Oct. 25, 201 (hereinafter “sale date of this case”) was paid in full with the permission for sale of each of the instant movable property owned by Defendant B, and received delivery of each of the instant movable property.

C. On the date of sale of the instant case, the Plaintiff agreed with Defendant B to the effect that “Defendant B shall keep each of the instant real estate in the place of residence until November 26, 201” (hereinafter “instant agreement”) after having received reimbursement of KRW 3 million among the instant loans from Defendant B on the date of sale, and that “Defendant B shall keep each of the instant real estate in the place of residence until November 26, 201.”

Defendant B sold at will to F a set of TV Nos. 1 and 10 of the instant movables from November 201 to December 12, 201, respectively.

E. Defendant B transferred, around November 201, each of the instant movables, No. 1 TV No. 1 and No. 10 and the remaining movables (hereinafter “the instant movables”) to the Defendant C’s house located in Note B at Jeju, and Defendant C kept the remainder of the instant movables.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8 (including each number; hereinafter the same shall apply), Eul evidence No. 1, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the facts of the recognition of the above request for the delivery of movable property against Defendant B, the storage period of each of the instant movable property under the instant agreement expired on November 26, 201, and thus, Defendant B pursuant to the instant agreement.

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