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(영문) 서울중앙지방법원 2019.07.10 2019나12441
유실물 인도 청구
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the lower court’s acceptance of the judgment is as follows, except where the part of “2.c. judgment” among the grounds of the judgment of the first instance is dismissed as follows, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The main part ".............."

Judgment

1) Article 10(1) of the Lost Articles Act provides that a person who acquired another person’s goods in the Gu, such as a building with a manager, shall transfer such goods to the manager, and Article 10(2) provides that the possessor of the building, etc. shall be the inseminator. According to the facts acknowledged earlier, the place where an individual rental safe is located in the branch of the non-party bank falls under a building with a manager. Therefore, the Plaintiff is a de facto acquisitor as provided by Article 10(1) of the Lost Articles Act, and the non-party bank is a possessor of the building, and is a de facto acquisitor and a possessor of the building, etc. as provided by Article 10(2) of the Lost Articles Act.

A) First of all, Article 1(1) of the Lost Articles Act imposes an obligation on a person who acquired a lost article by another person to promptly return it to a lost person or to submit it to a police station. A person who acquired an lost article by another person refers to a possessor of a building, etc., who is a possessor of the building, etc... In addition, Article 10(1) of the Lost Articles Act provides that a person who fails to take the procedure under Article 1(1) within seven days from the date of acquisition shall lose his/her right to receive compensation under Article 3, the right to obtain compensation under Article 4, and the right to acquire the acquired article.

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