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(영문) 서울중앙지방법원 2014.04.29 2013가단297348
동산인도
Text

1. The defendant shall deliver to the plaintiff the movable property listed in the attached list.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Facts of recognition;

A. On July 15, 2013, the Plaintiff settled 1870,000 won by credit card at the Hart C branch and purchased movable property listed in the separate sheet (hereinafter “instant movable property”).

B. The instant movable was delivered to the fourth floor of the building owned by the Defendant located in Seodaemun-gu Seoul on July 16, 2013, along with other household appliances purchased by the Plaintiff.

C. The fourth floor of the above building owned by the Defendant, where the instant movable property was delivered, was originally used as the office, but the Plaintiff occupied the building after performing interior works to use it as a residence, but left the building, and currently, was leased to a private teaching institute, etc. and used as an office.

The defendant transferred the movable property of this case from the fourth floor of the above building to the domicile of the defendant on November 2013 to the present day.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1-4, the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is obligated to deliver the movable property of this case to the plaintiff.

The Defendant asserts to the effect that the instant movable property is either solely owned by the Defendant or jointly owned by the Plaintiff, since at the time of July 15, 2013, the Defendant, along with the Plaintiff, made a payment of KRW 1.1 million with the Defendant’s credit card at the Hart C branch, even if not, as of July 15, 2013.

However, it is difficult to view that the Plaintiff donated the instant movable property to the Defendant solely on the ground that the instant movable property was stored after delivery on the Defendant’s building. In light of the name of the instant movable model and the product name, sales amount, sales date, credit card transfer number, purchaser information (the Plaintiff’s name, address, and telephone number) indicated, etc., the entry of the letter of confirmation of personal sales transaction (the evidence No. 1-2) submitted by the Defendant (the evidence No. 1-1, No. 2) alone is deemed to have been purchased on the part of the Defendant in whole or in part.

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