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(영문) 창원지방법원 마산지원 2018.11.14 2018가단3802
유체동산인도
Text

1. The Defendant shall deliver to the Plaintiff each of the corporeal movables listed in the separate sheet Nos. 1 to 13, 15, 17 and 22.

2...

Reasons

1. Basic facts

A. According to the attached list Nos. 1 through 13, 15, 17, and 22 of the corporeal movables Plaintiff’s written application for the additional correction of claims on October 16, 2018, the corporeal movables listed in the attached list Nos. 14 and 16 are deemed excluded from auction.

On October 31, 2017, the Changwon District Court received a successful tender in the Masan Branch C movables auction procedure, and paid 1.9 million won for the purchase price on the day.

B. Since then, the defendant occupies each of the above corporeal movables.

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading

2. According to the above facts finding as to the claim, the defendant is obligated to deliver each of the above corporeal movables to the plaintiff, the owner, unless there are special circumstances.

Therefore, the defendant defense to the effect that he repaid the debt borrowed to the plaintiff, but the plaintiff was awarded a successful bid for each of the above corporeal movables, regardless of the above debt borrowed in the separate auction procedure. Thus, the above argument by the defendant is not accepted.

3. In conclusion, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.

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