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(영문) 춘천지방법원강릉지원 2015.01.14 2013가단4889
유체동산인도
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion

A. In around 2009, the Plaintiff and the Defendant decided to run a business of starting groundwater (around 2009) by providing the Plaintiff with drilling machinery and technology and bearing the company operation expenses, etc.

B. Accordingly, around February 20, 2010, the Plaintiff purchased the instant astronomical air from D with KRW 3 million, and provided it to the Defendant’s partnership.

C. Since September 2010, the relationship between the Plaintiff and the Defendant was terminated without due process of settlement. On April 23, 2014, the Defendant had registered construction machinery in the name of the Defendant with respect to the instant tent, while continuing the instant lawsuit, and has occupied it until now.

Thus, even though the air of this case is owned by the plaintiff, the defendant voluntarily registers it in his name, and thus, the defendant is obligated to implement the procedure for ownership transfer registration and deliver it to the plaintiff with respect to the astronomical air of this case for the restoration of authentic names.

2. Determination

A. The description of evidence No. 1 and witness D, which correspond to the fact that the Plaintiff purchased the instant astronomical air from D around February 20, 2010, are hard to believe as they are for the following reasons, and there is no other evidence to prove otherwise.

① A sales contract provides that KRW 3 million was fully paid on or around February 20, 2010, and there is no objective financial transaction data to support the said contract.

However, according to the statement in Gap evidence No. 2 (written passbook copy), it is recognized that the plaintiff remitted KRW 1 million to D around July 20, 2010, and there is no other obvious evidence that the above KRW 1 million was paid as the price for the air of this case.

② Witness D shall offset the amount of KRW 1 million out of the price of the instant 3 million air by wages, etc. that D shall pay to the Plaintiff, and the remainder of KRW 2 million shall be deducted by the Plaintiff.

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