(영문) 창원지방법원마산지원 2016.07.21 2016가단861

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(영문) 창원지방법원마산지원 2016.07.21 2016가단861

동산인도 등

Text

1. The Defendants shall deliver to the Plaintiff movable property listed in the separate sheet.

2. The plaintiff's remaining parts against the defendants.

Reasons

1. Facts of recognition;

A. On August 3, 2015, the Plaintiff sold movable property listed in the separate sheet (hereinafter “instant movable property”) to Defendant B for KRW 95,00,000, and Defendant B agreed to pay the remainder of KRW 54,500,000 to the Plaintiff by October 30, 2015 through a modified contract on September 23, 2015. In the event Defendant B fails to pay any balance, the Plaintiff may recover the instant movable property, and without the Plaintiff’s consent, the Defendant B cannot transfer its right to the instant movable property to a third party.

(hereinafter “instant contract”). As Defendant B did not pay the remainder, the Plaintiff suspended the payment period on November 22, 2015, but even thereafter, the said Defendant did not pay the remainder, and the Plaintiff demanded delivery of the instant movable property several times.

B. On September 19, 2015, the Plaintiff reserved ownership pursuant to the instant contract, and supplied the instant movable property to E-Saea, the representative of Defendant C located on the D and 5th floor of the Masan-si, Changwon-si, Changwon-si, and is currently under possession.

[Reasons for Recognition] With respect to Defendant B: A without dispute, each entry of evidence Nos. 1 through 5, and the purport of the whole pleadings against Defendant C: deemed confession (Article 150(3) of the Civil Procedure Act)

2. Determination as to the cause of action

A. In concluding a sales contract for a part of the claim for delivery, if the seller delivers the object to the buyer before the seller is paid the price in full, but until the price is paid in full, the so-called special agreement for the reservation of ownership between the parties that the ownership of the object is transferred to the buyer at the time when the ownership is reserved to the seller and the price is paid in full, the agreement between the parties that the ownership of the object is transferred is concluded at the time of delivery of the object, but on the other hand, even if the object is delivered to the buyer

참조조문

-민사소송법 제150조 제3항

유사 판례

-대법원 1999. 9. 7. 선고 99다30534 판결

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