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(영문) 서울중앙지방법원 2018.12.06 2017가단5198727
유체동산인도
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination on the cause of the claim

A. As the cause of the instant claim, the Plaintiff filed a claim for payment of KRW 57.4 million equivalent to the value of the instant forest and damages for delay, by asserting that the movables listed in the separate sheet (hereinafter “instant forest”) owned by the Plaintiff, and that the Defendant possessed them without any title, and that the delivery and delivery of the instant forest is impossible.

B. Therefore, as to whether the Defendant occupies the instant forest, the following circumstances are acknowledged based on the health stand, Eul evidence Nos. 1, Eul evidence Nos. 3 through 6, and the overall purport of testimony and pleadings by witnesses C (one-person D). In other words, the Defendant: (a) on March 1, 2017, as to the Defendant’s leased on the Gangnam-gu Seoul and the 1st underground floor “F” (hereinafter “F”); (b) upon delivery of the main points of this case from the Defendant, and (c) upon termination of the contract, C entered into a “F and planning contract” with the Defendant to receive KRW 1,500,000 from the Defendant on each main point of the instant case; and (d) upon the completion of the contract, the Plaintiff kept the instant forest at the main points of G assembly and Baki’s events held in accordance with the contract with C, and there is no evidence to acknowledge the lack of the agreement between C and the Defendant as to each of the above main points of the instant contract.

Therefore, the plaintiff's above assertion is without merit.

2. The conclusion is based on the premise that the defendant occupies the forest of this case.

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