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(영문) 서울중앙지방법원 2020.11.24 2019가단5265355
유체동산인도
Text

1. The defendant shall deliver to the plaintiff the picture recorded in the attached list.

It is impossible to enforce compulsory execution against the forest.

Reasons

1. Facts of recognition;

A. On February 6, 2003, the Plaintiff married with the Defendant on November 28, 2013, but married again with the Defendant on February 26, 2015.

나. 원고는 단색화(한 가지 색 또는 비슷한 톤의 색만을 사용한 그림)를 그리는 화가로, 별지 목록 기재 그림(이하 ‘이 사건 그림’이라 한다)은 원고가 1977년경 그린 점화(點畵)이다.

C. The Plaintiff, a company that exhibits and sells art works, entrusted the sale of the instant pictures to C, and kept the relevant pictures in C.

At the request of the defendant who requested the return of the instant picture in 2017, C brought the picture to D Apartment E in Seoul Special Metropolitan City, which was living together by the original defendant.

E. Since May 2017, the Defendant was living alone with the Plaintiff and was living separately from the Plaintiff, and the agreement was reached on November 15, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 9 and 10, or the purport of the whole pleadings

2. Determination on the cause of the claim

A. We examine the claim for extradition of movable property: (a) The following facts are acknowledged based on the written evidence Nos. 7 and 12 as well as the purport of the entire pleadings as follows; (b) the Defendant, after the instant lawsuit was brought, made a telephone conversation with the Plaintiff on December 16, 2019, stating that “Irrrrrrrral andral andral that Iral andral will go to the address of the Plaintiff without the Plaintiff’s permission on May 2017 when Iral andral andral will go to the Plaintiff on the condition that Iral andral will go to the Plaintiff on the condition that Iral will send the picture”; and (c) “Irrral andralian will go to the Plaintiff’s private seal and seal will go to our house at the same time,” it is reasonable to deem that the Defendant carried out the instant land without the Plaintiff’s permission.

Therefore, it is true.

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