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(영문) 수원지방법원성남지원 2016.08.16 2014가단221998
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. The instant movable was owned by C as an indoor golf practice range equipment, which C established and operated in the fourth floor above the D ground of Sungnam-si, Sungnam-si.

B. On November 20, 2013, the instant movable was knocked at the Korea Consulting Group Co., Ltd. (hereinafter “Nonindicted Company”) at the auction procedure conducted by attachment enforcement, such as Suwon District Court Branch Branch 2013No386, Nov. 20, 2013.

C. Meanwhile, on March 3, 2014, Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) leased the building of the foregoing golf practice range, which is established as the instant movable property by the Saemaul Movement Center (hereinafter “Defendant Saemaul Movement Center”), and operated the said golf practice range, while occupying the instant movable property.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1, and the purport of whole pleading

2. The parties' assertion

A. On November 21, 2013, the Plaintiff’s assertion entered into an agreement on the transfer and acquisition of the instant movable property with the non-party company, and at least on February 8, 2014, the said movable property was delivered in reality, and even if the Plaintiff’s possession by the real delivery is not recognized, the Plaintiff, on behalf of the non-party company, notified the Plaintiff that the right to claim the return of the instant movable property was transferred to C on February 13, 2014, and the Defendants are lawful owners of the instant movable property. Since the Defendants were illegal possessors of the instant movable property, the Defendants are obligated to deliver the instant movable property to the Plaintiff, and are obligated to return unjust enrichment equivalent to the rent from the Plaintiff’s acquisition date to the completion date of delivery.

B. The Defendants asserted that the non-party company transferred the movable property of this case to E and E as well as to the non-party corporation, etc. In such a case, the person who actually acquired possession of the movable property is the lawful owner.

The defendant Saemaul Movement Center shall be F from E, and the corporation.

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