(영문) 제주지방법원 2020.08.12 2019나1237 | 리걸엔진

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(영문) 제주지방법원 2020.08.12 2019나1237

동산인도

Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is dismissed.

Reasons

1. The Plaintiff requested the court of first instance to pay KRW 30 million in the event that it is impossible to deliver movable property stated in the attached list of movable property attached to the judgment of first instance, which was installed in the building attached to the attached list of real property attached to the judgment of first instance.

The court of first instance accepted the plaintiff's claim for the delivery of movables, and dismissed the claim in preparation for the case where it is impossible to execute the delivery of movables. The plaintiff did not appeal against the judgment of the court of first instance, and the defendant appealed against the judgment above.

Therefore, the scope of the court's adjudication is limited to the claim for movable property.

2. The Plaintiff asserts that, while selling the real estate stated in the purport of the claim (hereinafter referred to as “instant real estate”) to the Defendant, the movable property stated in the purport of the claim established in the said real estate (hereinafter referred to as “the movable property of this case”) was subject to purchase and sale, the Plaintiff subsequently agreed to the Defendant that the movable property was owned by the Plaintiff, excluding the object of purchase and sale, and that the said movable property

It is not sufficient to acknowledge that there was an agreement as alleged by the Plaintiff solely on the evidence No. 1, and there is no other evidence.

The plaintiff's claim is without merit.

3. Thus, the plaintiff's claim shall be dismissed as it is without merit. Since the judgment of the court of first instance is unfair with different conclusions, the defendant's appeal shall be accepted, and the part against the defendant in the judgment of first instance shall be revoked and the plaintiff's claim corresponding to the revoked part shall be dismissed.

유사 판례

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