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(영문) 창원지방법원 밀양지원 2018.10.30 2017가단10390
유체동산인도
Text

1. The Defendants:

A. Each movable set out in paragraph 1, among each movable set out in the separate sheet No. 1 list, to the Plaintiff A;

B. The plaintiff.

Reasons

Plaintiff

The plaintiff A is the owner of each movable listed in the separate sheet No. 1, and the defendants asserted that they occupy each of the above movable properties and sought delivery of each of the above movable properties against the defendants.

As to this, the Defendants asserted that each movable set forth in Nos. 1, 2, 5, 6, and 7 among each movable set forth in the separate sheet No. 1 list is owned by F Co., Ltd. operated by the Plaintiff, and each movable set forth in Nos. 3 and 4 is owned by the Defendant C or another third party, and each movable set forth in No. 8, 9, and 10 is not possessed by the Defendants.

Judgment

According to the purport of the statement and the whole argument of the evidence No. 1, each of the movables listed in No. 1 in the separate sheet No. 1 is owned by the plaintiff A, and it can be recognized that the defendants currently possess it. Thus, the defendants are obligated to deliver each of the movables listed in No. 1 among the movables listed in the separate sheet No. 1 to the plaintiff A.

Furthermore, among the movables listed in the separate sheet Nos. 2 through 10, each of the movables listed in the separate sheet Nos. 2 through 10 is insufficient to recognize the ownership of the Plaintiff and the entries in the evidence No. 3 alone, and there is no other evidence to acknowledge it. No evidence exists to deem that each of the movables listed in Nos. 8 through 10 is currently occupying by the Defendants

Therefore, the Plaintiff’s claim for the delivery of each movable set forth in [Attachment A] Nos. 2 through 10 among each movable set forth in [Attachment A] list is without merit.

Plaintiff

According to the purport of Gap evidence No. 1 and all pleadings as to the claims against the Defendants, each movable set forth in the separate sheet No. 2 is owned by the Plaintiff B and can be recognized as the fact that the Defendants currently possess it. Thus, the Defendants are obligated to deliver each movable set forth in the separate sheet No. 2 to the Plaintiff A.

In conclusion, the plaintiff A's claim against the defendants is accepted within the scope of the above recognition, and all other claims are accepted.

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