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

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

A. On March 11, 2011, the registration of ownership preservation was completed in the name of a limited liability company M with respect to the freezing of fishery products as stated in the separate sheet (hereinafter referred to as “instant freezing warehouse”) and the registration of ownership transfer was completed on July 27, 2010 under the name of D on December 7, 2015.

B. Defendant Incorporated Company B purchased the freezing warehouse of this case from D on January 9, 2017, and completed the registration of ownership transfer on January 11, 2017.

C. On February 13, 2017, Defendant C Co., Ltd. was awarded a two-story factory of general steel structure assembly type board roof, adjacent to the instant freezing warehouse, and completed the registration of ownership transfer on the same day. D.

In the freezing warehouse of this case, each of the items listed in the separate sheet (hereinafter referred to as “the movables of this case”) are installed.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 8, Eul evidence No. 1 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. On August 5, 2013, the Plaintiff purchased each item listed in the separate sheet Nos. 1 and 2 from G (or O (or her spouse), and thereafter, upon obtaining permission from the owner D, each item listed in the separate sheet Nos. 3 and 4 was installed when installing the goods in the freezing warehouse of the instant case with the intent to take over the freezing warehouse of the instant case.

Therefore, since the movable property of this case is owned by the Plaintiff, the Defendants currently using it without the Plaintiff’s consent are obligated to deliver the movable property of this case to the Plaintiff.

3. Determination

A. At the first instance court, D testified that “No permit the Plaintiff to install the instant movable property in the freezing warehouse, and the instant movable property is not established by the Plaintiff, and L is not established.” In light of this, the evidence submitted by the Plaintiff alone is in the instant freezing.