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(영문) 제주지방법원 2017.05.25 2014가합6394
동산인도 청구의 소
Text

1. The Plaintiff:

A. Defendant D’s end of the use of movable property as indicated in the separate sheet from February 5, 2015, or the end of the use of movable property as indicated in the separate sheet.

Reasons

1. Facts of recognition;

A. From March 1, 2012 to the closing date of the instant pleadings, the Defendants used the movable assets listed in the separate sheet (hereinafter “the instant vinyl”) from March 1, 2012 to the closing date of the pleadings of the instant case to set up a astronomical-oriented farmer.

B. On February 4, 2013, the Plaintiff acquired the ownership of the instant vinyl house.

C. The sum of rents from February 5, 2013 to February 4, 2015 regarding the instant vinyl is KRW 29,105,808, and the rent from February 5, 2015 is KRW 14,263,664 annually.

From March 2015 to November 2016, Defendant B Co., Ltd. (hereinafter “Defendant Company”) and Defendant C sent the total of KRW 5,957,646 to another vinyl house owned by the Plaintiff adjacent to the instant vinyl house on behalf of the Plaintiff.

[Reasons for Recognition] Defendant Company and C: A without dispute, each entry of Gap evidence Nos. 1, 2, and 3 (including branch numbers; hereinafter the same shall apply), the result of the appraisal by this court, as a result of the appraisal by this court, Defendant D’s purport of the entire pleadings: deemed confessions by the submission of a written reply

2. The Plaintiff asserts that since the Defendants without title possess the instant vinyl, the Defendants are obligated to deliver the instant vinyl to the Plaintiff.

The land on which the instant vinyl was installed is owned by a third party, not by the Plaintiff and the Defendants, and the Defendant Company is the owner of a astronomical tree planted on the land.

The greenhouse of this case was originally installed by a person who installed the greenhouse of this case and installed the greenhouse of this case, provided the greenhouse of this case and the Hunting tree as a security for claims, but did not repay the claims, and thus, the greenhouse of this case was owned by the plaintiff, and the Hunting tree was owned by the defendant company.

The Plaintiff, not land owners, has no title to claim the collection of astronomical-oriented trees against the Defendants, and the instant vinyl was established for the purpose of cultivating astronomical-oriented trees, so long as the Defendants did not collect astronomical-oriented trees, the Plaintiff.

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