beta
Text
1. The defendant shall set out the game machine listed in paragraph 1 of the attached list to the plaintiff A, and the plaintiff B in paragraph 2 of the attached list.
Reasons
1. Basic facts
A. On April 11, 2018, Plaintiff A purchased the game machine listed in attached Table 1 (hereinafter “instant 1 game machine”) from C, a seller of the game machine, in KRW 16,00,000. Plaintiff B purchased the game machine listed in attached Table 2 (hereinafter “instant 2 game machine”) from D around August 31, 2016, in KRW 49,50,000,000, in total, in addition to the instant 1 game machine.
B. On May 12, 2018, Plaintiff A leased the instant first game machine, etc. to E, and Plaintiff B, around September 27, 2017, posted the instant second game machine to E, and on June 8, 2018, leased it to E.
C. E operated a mutual game hall of “G” on the F and the second floor of Incheon Gyeyang-gu using each of the instant games, etc., and was discovered to have committed an act of exchanging in the above game site from October 25, 2017 to July 12, 2018.
The Incheon District Prosecutors' Office prosecuted E as the Incheon District Court 2018 Godan6471. On October 31, 2018, the above court sentenced E to six months of imprisonment, two years of suspended execution, two years of social service, 120 hours, and each game machine of this case (hereinafter "the judgment of this case"), and the above judgment became final and conclusive on November 8, 2018.
[Based on Recognition - Facts without dispute, entry in Gap's evidence 1 through 4, 7 through 12 (including each number), the purport of the whole pleadings]
2. According to the facts found in the judgment as to the cause of the claim, since the game of this case was deemed to be owned by the plaintiff A and the second game of this case, the defendant is obligated to deliver the first game of this case to the plaintiff A and the second game of this case to the plaintiff B, barring any special circumstance.
3. Judgment on the defendant's assertion
A. The defendant asserts that he has the right to lawfully possess the game of this case according to the judgment of this case. Thus, the defendant has the right to possess each of the game of this case according to the judgment of this case.