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(영문) 서울북부지방법원 2016.06.16 2015가단5979
동산인도
Text

1. The defendant shall deliver to the plaintiff the attached movable property indicated in the attached movable.

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

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence No. 3 as to the cause of the claim, the Plaintiff entered into a contract for the lease of the instant facilities (hereinafter “the instant rent”) with the Plaintiff on July 25, 2013 as the monthly rent of KRW 3,832,40 (25% per annum), and on July 25, 2016, for the lease of the facilities on a fixed basis as of July 25, 2016 (hereinafter “the instant facility lease”) and agreed that the instant facility lease contract may be terminated if the rent is overdue at one time, and thereafter, the Plaintiff did not pay the instant rent to the Plaintiff on the ground that the instant rent was installed, used, sold, sold to the Defendant on August 29, 2014, for the reason that the Plaintiff did not pay the rent to the Plaintiff from the date of the instant lease of the facilities.

According to the above facts, since the facility leasing contract of this case was lawfully terminated by the delivery of a copy of the complaint of this case containing the expression of termination, the defendant who without any title occupies the movable of this case is obligated to deliver the movable of this case to the plaintiff as its owner.

2. As to the judgment on the Defendant’s bona fide acquisition defense, the Defendant asserted that the Defendant bona fide acquisition was made by purchasing the gas station of this case from A on August 29, 2014, while purchasing the gas station of this case from A, but the entries in the evidence Nos. 7 through 11 and 19 alone purchased the gas station of this case from A.

The defendant's defense is not reasonable, since it is not sufficient to recognize that it was a non-performance without fault at the time of possession or acquisition, there is no other evidence to acknowledge it.

3. Conclusion.

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