2016 Ccorporeal movables 102119

D. D. D. D. P. T. T. T. T. T. T. T

Korea

January 12, 2017

January 26, 2017

1. The defendant shall deliver to the plaintiff the plaintiff adverging tin, gold-dong, Gain, and Gabing of the attached Form.

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

3. Paragraph 1 can be provisionally executed.

The order is as set forth in the text.

1. Presumed facts

A. The plaintiff was newly established in 677 as a clerk and was in the early shipbuilding period, and was a temple belonging to the Korean Buddhist Cho Jong-sung, which was located in the Seosan-si Do Do Do Do Do Do Do Do Do Do.

B. In the disposition of this case, the Plaintiff was sealed in the foundation of the Dogtama in the Dogtama City of Dogmama (hereinafter referred to as the “Gugeoma”), which was then sealed in the foundation of the Dogtama (hereinafter referred to as the “Gugeoma”), but around October 2012, the thief committed theft and carried them into the Republic of Korea.

C. During the process of thiefing the above thief, the instant Buddhist was seized, and according to the criminal judgment against the thief, the Defendant confiscated the instant Buddhist from the thief to the thief, and is currently being kept in the custody of the current national cultural heritage storage room. The stief claimed against the Defendant for the delivery of the confiscated articles against the Defendant, but the Plaintiff filed a claim against the Defendant for the injunction against the transfer of possession of the instant Buddhist property, and the said claim was accepted (Seoul District Court Order 2013Kahap155 dated February 25, 2013), and the Defendant withheld the judgment on the claim for the delivery of the confiscated articles.

【Uncontentious facts, Gap's entry of Gap evidence Nos. 1, 7, 8, and 10 (including numbers, if any; hereinafter the same shall apply), the result of the on-site inspection by this court, the purport of the whole pleadings

2. Determination on the claim

A. Summary of the plaintiff's assertion

“The instant Buddhist Prize was produced to be sealed by the Plaintiff, and is owned by the Plaintiff. The Plaintiff left the instant Buddhist Prize at the end of the horse in consideration of the instant Buddhist Prize. Accordingly, the Defendant must deliver it to the Plaintiff, who is the owner of the instant Buddhist Prize.”

B. Determination

In the absence of dispute, the following facts or circumstances may be acknowledged in full view of the following facts and the results of the inquiry of each of the statements in Gap evidence Nos. 2, 5, 9, 17, 19, 20, 21, 25, and 40, or each of the evidence Nos. A, B, C, and D's testimony, and the results of the inquiry of each of the evidence Nos. C, C, and D's testimony, and the results of the on-site verification conducted by this court, and the overall purport of the arguments. In full view of these facts, it is reasonable to view that the instant non-satisf of this case was transported to the plaintiff's office in the past by means of theft, misappropriation, which are not normal methods such as donation or sale, and was being sealed in the past.

1) At the time of May 1951, when the fire of this case was being urned into a sponsed to a sponse, the sponse of the sponse of the sponse of the sponse of the sponse of the sponse of the sponse of the sponse of the instant sponse of the sponse of the sponse of the sponse of the sponse of the sponse of the sponse of the sponse of the sponse of the sponse of the sponse of the sponse of the sponse of the sponse of the sponse,

' 무릇 듣기에 모든 불보살들이 큰 서원을 내어 중생 제도에 너나를 떠나 평등하게 보인다 . 그러나 부처님 말씀에 인연이 없는 중생은 교화하기 어렵다고 하였으니 이 금 구 ( 金口 , 부처님 말씀 ) 에 의거하여 제자 등이 함께 대서원을 내어 관음1존을 만들고 부 석사에 봉안하고 영충공양하는 까닭은 현세에서는 재앙을 소멸하고 복을 부르는 것이

In other words, it is because the latter is the wind that the latter wants to grow to the extreme, and the latter is February 3, 190 (130).

At present, the name of the period of consideration in the area of Chungcheongnam-gu, Chungcheongnam-gu is the Western and the plaintiff is the same temple located in the area of Western-gu at the end of the period of consideration. As such, the Buddhist of this case can be deemed as being produced for the purpose of sealing the plaintiff around 1330 (in the case of the notice on the Buddhist of this case in the official food, it is also stated to the purport that the Buddhist of this case is a Buddhist temple made at the end of the period of consideration of the Buddhist of this case).

In the inspection of the Republic of Korea, if there is a fire, such as dynasium, repair, and dynasium (e.g., relocation security, new stocks or dynasium to another place), new records and relics related thereto shall be put in the tradition. In the above dynasium, in the case of the above dynasium, if the records containing the dynasium's dynasium are transferred as normal exchanges in the door when the records are recorded, it is the opinion of experts to put the records of the dynasium into the Buddhist temple, such as the contents of the dynasium in which the dynasium would be created by a temple instead of deducting uniforms from the dynasium. Also, in the case of the Korean Buddhist Fynasium, the fact inquiry session on the dynasium is also written inside the dynasium and the contents of the dynasium were not found in the family register.

2) According to the history pharmacist’s history, the relevant decedent was laid in around 1526, and was furned at the time of the instant inurnion. Therefore, the instant inurnion may be presumed to have been moved to Japan before around 1526 after being produced in Seosan in 1330.

그런데 이 사건 불상과 관련하여 , 재단법인 F가 발행한 ' G ' 에 전 일본 규슈대학 ( 九州 大學 ) 교수 H는 다음과 같은 취지의 내용을 기고하였다 .

According to the history of 'the Government', I were able to see that I returned to the Republic of Korea after he was frighting to fright by having frighted to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to

The overall purport of the above article seems to have brought about why the Gu was in a way that is not normal (a unilateral) in this case.

3) During the period from the 1330th to the 1381st to the 1381st day of the 1352-130th day of the 1330th day of the dynasium (the history of the Joseon Dynasty, compiled in the Joseon Dynasty), the dynasium stated that the dynasium had invaded the present Western area, and that the dynasium had invadedd the nature and culture of the dynasium, which is the magazine published by the local history scholars, etc.

4 ) 이 사건 불상에는 화상의 흔적이 있고 , 보관 ( 寶冠 ) 과 대좌 ( 臺座 ) 가 존재하지 않 는 등 일부 손상된 상태이다 . 이와 같은 불상의 형상에 비추어 볼 때 , 이 사건 불상이 정상적인 경로로 이전되었다고 보기는 어려워 보인다 . 증인 D ( 전 부산외국어대학교 교 수 , 현 J연구소 소장 ) 은 ' 문헌 등에 의하면 왜구들은 주로 사찰에 방화를 한 후 불상을 가지고 나온 것으로 보인다 . 따라서 불상의 화상 흔적은 불상이 약탈되었다는 근거로 볼 수 있다 . 관음사가 쓰시마 ( 대마도 ) 내에서 몇 차례 이동하기는 하였으나 , 본인이 아 는 한도에서는 그 과정에서 화재로 인하여 이전되었다는 기록은 없었다 . ' 라는 취지로 증언하였다 .

3. Conclusion

Therefore, the Defendant, who is the occupant of the instant Buddhist property, is obligated to deliver the instant Buddhist property to the Plaintiff who is its owner, and thus, the Plaintiff’s claim is accepted on the grounds of its reasoning. Since the Defendant is cultural re-owned and may damage the instant Buddhist property when moving, it is alleged that the attachment of a provisional execution should not be made until the completion of the instant case. However, it is difficult to view that there is a considerable reason not to attach a line of provisional execution on the sole basis of the circumstance asserted by the Defendant, and thus, provisional execution

presiding judge and police officer;

H. H. H. H. H.

Handy holding

Site of separate sheet

A person shall be appointed.