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(영문) 인천지방법원 2017.03.24 2016가단237041
유체동산인도
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

In this case, it is difficult to recognize the existence of a deposit contract with the defendant pointing out by the plaintiff, and thus the plaintiff's assertion cannot be accepted

In other words, on October 201, the Plaintiff entered into a free contract on each of the movables listed in the separate sheet (hereinafter referred to as “each of the movables in this case”) with the Defendant, who is the shapes of the former spouse, and around October 201, the Plaintiff primarily takes over each of the movables in this case by exercising the right to claim the return based on ownership, and, in case where the delivery is impossible, claims for damages equivalent to the aggregate market value of each of the movables in this case.

However, the evidence submitted by the Plaintiff and the testimony of the witness C cannot be recognized that the free contract for each of the instant movables was concluded between the Plaintiff and the Defendant. Rather, considering the overall purport of each of the aforementioned evidence and the purport of the entire argument, the disposal, etc. of each of the instant movables is determined as a matter of resolution between the Plaintiff and the former spouse.

Therefore, all of the plaintiff's main and ancillary claims of this case are dismissed.

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