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(영문) 광주고등법원(제주) 2016.06.22 2015나1392
유체동산인도
Text

1. Revocation of a judgment of the first instance;

2. The defendant shall deliver to the plaintiff the articles listed in the attached list.

3...

Reasons

1. Facts of recognition;

A. On June 1, 2007, the Plaintiff leased approximately KRW 150,00 from the Orra natural tourist farm to KRW 50,000 for the lease deposit, and the lease period from June 1, 2007 to June 30, 2012.

B. From Jun. 1, 2007 to Oct. 1, 2013, the Plaintiff operated the instant cafeteria with the trade name “F” in the instant building, and purchased and used corporeal movables listed in the separate sheet (hereinafter “instant movables”) at its own expense for the operation of the restaurant.

C. On October 10, 2013, the Defendant: (a) awarded a successful bid for the instant building by auction of real estate (this court E); and (b) completed the registration of ownership transfer; and (c) possessed the instant movable property.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, 3 (including each number), Eul evidence 2, Eul evidence 2, the witness G testimony, the purport of the whole pleadings

2. The instant movables are recognized as owned by the Plaintiff, and the Defendant occupies the instant movables, and the Defendant is obligated to deliver the instant movables to the Plaintiff.

(1) The court below's decision that the plaintiff did not assert ownership of the movable property of this case in the auction procedure against the building of this case does not interfere with the plaintiff's ownership recognition, and it is unclear whether the plaintiff's natural tourist farm farming association provided as security for transfer on October 20, 2008 includes the movable property of this case, so such circumstance also does not interfere with the plaintiff's ownership recognition.).3.

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