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(영문) 대구지방법원 경주지원 2018.06.05 2018가단278
동산인도
Text

The defendant shall deliver to the plaintiff the movable property listed in the attached list (the place of storage for racing C).

The costs of lawsuit are assessed against the defendant.

Reasons

Facts of recognition

The following facts are either disputed between the parties, or may be recognized by comprehensively taking account of the descriptions of Gap evidence 1-1, 2, 2, and 3 and the overall purport of arguments:

The Plaintiff is the owner of the movable property listed in the separate sheet (hereinafter “instant movable property”).

B. On October 2012, 2012, the Plaintiff leased the instant movable property to E and F, who operated D in Seocho-si, Young-si.

C. Around September 2, 2013, E and F transferred the foregoing D to the Defendant, and the instant movable was excluded from the subject matter of transfer.

The movable of this case is currently displayed in the foregoing D, currently operated by the Defendant.

2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to deliver the movable property of this case to the plaintiff, the owner, unless there are special circumstances.

3. The defendant's argument that the defendant cannot respond to the plaintiff's claim until he receives custody fees of KRW 1,00,000.

However, there is no evidence to prove that the defendant's claim for storage fees equivalent to KRW 1,00,000 against the plaintiff has been established.

Therefore, the defendant's argument cannot be accepted.

4. The conclusion is that the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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