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(영문) 춘천지방법원강릉지원 2019.03.19 2018가단35260
유체동산인도
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. The plaintiff's assertion and the designated parties act as members of the music club operated by the defendant (hereinafter "the same club of this case") and bear KRW 520,000,00 for the corporeal movables listed in paragraph (1) of the attached Table No. 1 (hereinafter "the first half cycle of this case") to purchase the corporeal movables in the attached Table No. 1 (hereinafter "the first half cycle of this case") in the amount of KRW 2,200,000,000 for each of 1.5 million for purchase of the corporeal movables listed in paragraph (2) of the attached Table No. 2 of the attached Table No. 1 (hereinafter "the second half cycle of this case") by the plaintiff and the selected parties, and the defendant is obligated to deliver each of the above half cycle to the plaintiff and the selected parties.

2. Comprehensively taking account of the respective descriptions of evidence Nos. 2, 4, and 5 as well as the overall purport of the pleadings, it is acknowledged that the Plaintiff and the designated parties bear part of the purchase price of each of the counter-performance cycles of this case (as alleged in the evidence No. 2 of this case, it can be acknowledged that the Defendant additionally bears KRW 700,000 and purchased KRW 2,200,000,000)

However, in full view of the written statements and the purport of the entire arguments in Eul evidence Nos. 3 through 8, the members of the club of this case including the defendant and the designated parties shall bear part of the purchase price for each of the whole stages of the club of this case. Since then, the plaintiff and the designated parties shall have withdrawn from the club of this case and have been engaged in the activities of the defendant and P, Q, R, and S from among the members who have incurred the purchase price, and each of the Bans of this case shall be kept in the music room operated by the defendant and used together by the members who did not pay the purchase price. In light of these facts, it is reasonable to view that each of the Bans of this case belongs to the unity of members of the club of this case, which are similar to the association of this case.

Thus, the plaintiff and the designated parties shall hold the club of this case.

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