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(영문) 수원지방법원안양지원 2016.07.22 2016가단3049
동산인도
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion D and E water tank installed on the rooftop of the F building located in the F building located in D and E (hereinafter “water tank in this case”) is owned by the Plaintiff without the Plaintiff’s title. As such, the Defendants are obligated to return the water tank in this case to the Plaintiff, and if the delivery of the water tank is impossible, the Defendants are obligated to pay KRW 20,496,850, which is equivalent to the market price.

B. In light of the following circumstances, the water tank of this case was installed around 2008 to operate a bath for bath C, the operator of the bath and lessee status of the F building, and the above bath operator had removed the water tank of this case after the lease contract was terminated, but the above bath operator did not remove it, and the Defendants taken over the above bath and replaced the water tank with several times and parts after using the above water tank, it is insufficient to recognize that the Plaintiff installed the water tank of this case, and even if the water tank was installed, it is deemed that the Plaintiff renounced its ownership.

Therefore, the plaintiff's primary and conjunctive claims premised on the plaintiff's ownership of the water tank of this case are without merit.

2. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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