동산인도
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The court's explanation concerning this case in this case is about 3-C of the 10th judgment of the court of first instance.
Pursuant to paragraphs (11) and (8) to (11) 3-e.
In addition to the application of paragraph (2) as follows, the part against the defendant among the reasons in the first instance judgment is identical to the part against the defendant, and the same shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
(Attachment 1, 2, and 3) Part 2.2. D. (Attachment 1, 2, and 3) The defendant's assertion 1) The movable property of this case conforms to the land of this case, so the plaintiff's request for delivery cannot be complied with.
2) In order for a movable to be recognized as being consistent with a real estate, the determination should be made by taking into account the following circumstances: (a) whether a movable is attached and buried to the extent that it is impossible to separate the movable without causing damage to the movable property or excessive expenses; and (b) whether it can be an object of separate ownership in transaction with an independent economic utility from the existing real estate in its physical structure, use and function (see, e.g., Supreme Court Decision 2006Da39270, Jul. 27, 2007). In this case, the following circumstances can be recognized by taking into account the health stand, the evidence and evidence mentioned above, and the purport of arguments in the evidence No. 5 and No. 7, and (b) the movable property of this case was installed as a structure of sn beam steel with a view to preventing the collapse of soil at the time of construction; and (c) if such foundation construction is completed, it is planned to separate it from the construction material of this case by removing or cutting the H installed for the next process.