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(영문) 서울고등법원 2016.02.19 2015나10181
유체동산인도
Text

1.The judgment of the first instance shall be modified as follows:

The defendant is paid KRW 18,817,00 from the plaintiffs.

Reasons

1. Basic facts

A. On June 16, 2013 and June 25, 2013, the Defendant received delivery of each of the corporeal movables (84 points of the net A art works; hereinafter “instant art works”) as indicated in the attached list, and stored them in containers and plastic houses located in the Ildong-gu Seoul Metropolitan City C.

B. On each day of the above delivery, the Defendant drafted a custody certificate stating that “for the purpose of storage: for the establishment of art galleries and memorial hall, for the establishment of the art gallery and memorial hall, and for the storage of the art of this case with the care of a good manager: Provided, That at the request of A, a white paper or his/her designated representative D, he/she shall freely allow perusal (hereinafter “the custody certificate of this case”).

[Reasons for Recognition] Unsatisfy, Entry of Gap evidence 1 (including a provisional number; hereinafter the same shall apply), the purport of whole pleadings

2. Determination as to the cause of action

A. The plaintiffs 1) while keeping the art of this case in the "A art gallery" located in Jongno-gu Seoul Metropolitan Government, when the building of the above art gallery was sold, the plaintiffs requested the defendant to keep the art of this case upon being imported from E, which was soon known to the general public, and upon receiving the defendant's consent, the deposit contract was concluded between A and the defendant for the storage of the art of this case. However, the defendant did not pay due attention to the storage of the art of this case by neglecting it to containers and plastic houses after being delivered the art of this case. Since the contract was terminated by delivery of the copy of the complaint of this case, the defendant shall return the art of this case to the plaintiffs who are their successors, the defendant received the art of this case from F, not the head around June 2013.

In other words, A, while divorced from G in 2009, donated the instant art product to G, and as G died around November 201, F, his father, succeeded to the instant art product by himself.

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