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(영문) 서울서부지방법원 2019.08.13 2018가단242249
유체동산인도
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B completed the registration of ownership transfer on June 22, 2018 with respect to the instant apartment G apartment (hereinafter referred to as the “instant apartment”) in Yongsan-gu, Busan Metropolitan City on the ground of the Goyang-si District Court Goyang-gu Ga, and Defendant C and D on May 15, 2018 due to the said voluntary auction on the ground of the instant voluntary auction on the instant apartment J, and Defendant C and D on May 15, 2018; Defendant E completed the registration of the ownership transfer on May 16, 2018 with respect to the instant apartment subparagraph D on the ground of the said voluntary auction on the ground of the instant voluntary auction on the ground of the instant apartment subparagraph, each of the items listed in the separate sheet (hereinafter referred to as “the instant movable property”). Within each of the above households is located.

B. On the other hand, on March 9, 2015, the Plaintiff entered into a contract with M Co., Ltd., the former owner of the instant apartment, to acquire the instant movable property as partial payment of KRW 300 million (hereinafter “instant movable property transfer contract”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-4, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. The Plaintiff asserted that the Plaintiff acquired ownership of the instant movable property pursuant to the instant movable transfer contract and sought delivery of the said movable property against the Defendants who possessed the instant movable property.

On the other hand, the transfer of ownership of a movable takes effect only when the movable is handed over (Article 188(1) of the Civil Act). The issue of whether the delivery of a movable takes place depends on whether the transferor’s manager’s possession of the movable can be evaluated to have been handed over to the transferee’s control while maintaining the identity. In order to have a real delivery, the transferor’s de facto control over the movable should be entirely transferred to the transferee, and the transferee should continuously and firmly acquire control over the movable.

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