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(영문) 청주지방법원제천지원 2016.11.30 2015가단21253
유체동산인도
Text

1. The defendant shall submit attached Form 1 to the plaintiff.

2. To deliver each machinery and equipment entered in the list;

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Judgment on the plaintiff's claim

(a) Evidence A Nos. 1 and 5 (if any, including branch numbers; hereinafter the same shall apply)

In full view of the purport of the entire pleadings in the statement in Eul evidence No. 9, the plaintiff attached from the engineering of limited partnership companies from 2002 to 2004.

1. Attached Form C (D Company) from June 30, 2006, on the machinery and equipment indicated in the list (hereinafter “instant 1 machinery and equipment”).

2. The purchase of the machinery and equipment indicated in the list (hereinafter “the machinery and equipment of this case”) and the installation of the building on the ground of Jeju City E (hereinafter “instant land”) (hereinafter “factory building”). The Defendant, as the owner of the instant land and factory building, possessed the machinery and equipment of this case Nos. 1 and 2.

According to the above facts, it is reasonable to view that the machinery and equipment of this case was owned by the plaintiff. Thus, the defendant, the possessor of the machinery and equipment of this case, has the duty to deliver the machinery and equipment of this case to the plaintiff, the owner of the machinery and equipment of this case.

B. The Defendant asserts that the Defendant, the owner of the instant factory building, acquired the ownership of the instant Nos. 1 and 2 machinery and equipment since the instant machinery and equipment are consistent with the instant factory building.

A person who asserts a change in ownership due to compliance shall be liable to assert and prove the fact that the requirements are met.

(See Supreme Court Decision 69Da446 delivered on September 2, 1970, etc.). Each description or image set forth in the evidence Nos. 8 and 10 of this case is, solely on the basis of the description or image set forth in the evidence Nos. 1 and 2 of this case, deemed a factory building itself for social and economic purposes.

or separate recovery from it is an economic disadvantage.

It is not possible to separate the existing other machinery and equipment, or require excessive costs to separate them.

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