1. The plaintiff's claim is dismissed.

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

1. Around March 2014, the Plaintiff entered into a contract under which the Defendant transferred art works (hereinafter “instant art works”) recorded in the separate sheet (hereinafter “instant transfer contract”) in the Defendant’s custody from B (hereinafter “instant art works”). Around that time, the Plaintiff notified the Defendant of the transfer.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 3 (including paper numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that he received the ownership of the art of this case, so the defendant should deliver the art of this case to the plaintiff.

B. The Defendant asserted that the Defendant had a claim for the settlement of accounts against B while jointly operating gallons B and C.

However, as the defendant did not pay the above money, he has the right of retention for the art of this case based on the above claim, so he has the right to possess the art of this case lawfully.

C. First of all, in light of the overall purport of the statements and arguments in Gap evidence Nos. 1 through 6 (including paper numbers) as to whether the defendant has a claim for settlement of accounts against Eul, the defendant and Eul agreed to bear expenses such as the lease of a gallon and to distribute profits by providing Eul with "D" brand, while operating the above gallon jointly, the above gallon was suspended on July 1, 2009, and the defendant and Eul borne 50% of the loss, and the part of the above gallon's loss was not paid to Eul. Thus, the defendant and Eul had a claim for settlement of accounts related to the operation of a gallon.

In this regard, the plaintiff asserted that the defendant's claim for the settlement of accounts against B has expired by prescription, but when the statute of limitations has expired, only the person who has received the prescription benefit can assert it. Therefore, Supreme Court Decision 9. 10 delivered on September 10, 2009.