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(영문) 대전고등법원 2017.10.20 2017나10778
동산인도 등
Text

1. All appeals by the plaintiffs and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. The reasons why the court should explain this part of the basic facts are as stated in Paragraph 1 of Article 420 of the Civil Procedure Act. Thus, this part of the reasoning of the judgment of the court of first instance is cited in accordance with the main sentence of Article

2. Summary of the parties' arguments

A. The Plaintiffs asserted 1) The Plaintiff acquired ownership of each of the instant movable property by purchasing from C the movable property listed in the separate sheet No. 1 (hereinafter “instant movable property”); and the Plaintiff B purchased from C the movable property listed in the separate sheet No. 2 (hereinafter “instant movable property”); and acquiring ownership by taking over the movable property through the transfer method of possession amendment.

B) The Plaintiff A’s movable property listed in the separate sheet No. 3 (hereinafter “instant movable property”)

(B) The Defendant purchased each of the instant movables from G, H, and Hyundai City, and acquired ownership by taking possession of C as the possessor assistant or direct possessor. 2) The Plaintiffs concluded a loan agreement with C for use, and made C possess and use each of the instant movables. The Plaintiffs terminated the loan agreement with C. The Defendant is obligated to deliver the instant movables to the Plaintiff 1, 3, and the Plaintiff 2 to the Plaintiff. (b) If the loan agreement for use between the Plaintiffs and C is not acknowledged, it is deemed that C occupies and uses each of the instant movables without any title, and thus, the Defendant is obligated to deliver the instant movables to the Plaintiff 1, 3, and the Plaintiff 2, the owner.

B. The Defendant’s assertion 1) separate from the instant partnership agreement, C and the Plaintiffs did not enter into a sales contract for the instant movable property Nos. 1 and 2, and C planned to transfer the said movable property to Plaintiff A according to the instant partnership agreement, but the said partnership agreement was rescinded and transferred any longer.

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