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(영문) 수원고등법원 2020.08.20 2019나10008
유치물인도
Text

All appeals by the plaintiffs are dismissed.

The costs of appeal are assessed against the plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds of this court’s acceptance of the judgment of the court of first instance are as follows, except for the addition of the following to the reasoning of the judgment of the court of first instance, and thus, it is consistent with the main sentence of Article 420 of the Civil Procedure Act.

(The court of first instance is justified in finding and determining the facts of the court of first instance in light of the evidence submitted by the plaintiffs to this court by the court of first instance, and there are no errors as alleged in the grounds of appeal by the plaintiffs). The fifth part of the court of first instance added the following as follows.

In addition, the chief of over-the-counter fire station sent a reply to the fact inquiry of the first instance court to the effect that “the building in this case is not the building completed, but the building in this case was completed, and the building in the process of construction, such as the studs and the installation of accessory equipment, and was excluded from the amount of real estate damage” (the result of the fact inquiry of the first instance court on November 20, 2018). Also, when examining the damage of movable property caused by the fire in this case, the chief of over-the-counter fire station sent the fact inquiry to the effect that “the building in this case was not the building in this case, but the building in this case was completed, and the building in this case was excluded from the amount of real estate damage (the result of the fact inquiry of the second instance court on November 20, 2018).” Moreover, the fact inquiry of the movable property damage caused by the fire in this case was not related to the building in this case, which is the Defendant’s custody.

“[Plaintiffs, Inc., Ltd., Ltd., hereinafter “K”)

(1) Although the Plaintiff asserted that at the time of receiving the PF loan from the Defendant, the Defendant may have prepared a written waiver of the right of retention (see, e.g., preparatory documents of March 3, 2020, see, e., the Plaintiff’s assertion is with merit.

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