동산인도 청구의 소
1. The defendant shall deliver to the plaintiff the goods listed in the attached Form.
2. The costs of the lawsuit are assessed against the defendant.
3.Paragraph 1.
1. Basic facts
A. On March 20, 2015, the Industrial Bank of Korea (hereinafter “The Bank”) extended a loan of KRW 400 million to ECopart Copart Co., Ltd. (hereinafter “Ecopart”).
On the same day, the Industrial Bank of Korea concluded a transfer security agreement (hereinafter “the instant transfer security agreement”) with the Ecopart with the purport of guaranteeing the performance of the above loan obligations, whereby the Industrial Bank of Korea is to take over the facilities listed in the separate sheet owned by Ecop (hereinafter “RP fever facilities”) by means of possession revision (hereinafter “the instant transfer security agreement”).
B. On February 3, 2015, Copart entered into a heat winding facility and heat supply contract (hereinafter “instant heat supply contract”) with the Defendant to install the instant heat winding equipment within the Defendant’s factory site and supply the Defendant for five (5) years from May 20, 2015, and started construction of the instant heating equipment within the Defendant’s factory site.
The defendant has occupied the heat wind facilities of this case until now.
C. Meanwhile, on June 27, 2016, the Industrial Bank of Korea transferred all of the above loans and the rights based on the instant security agreement to the Plaintiff. On June 28, 2016, the Bank notified the Plaintiff of the said transfer on the following day.
[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, 5, 6, 7 evidence (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. Summary of the parties’ assertion
A. If the transfer contract for the Plaintiff’s movable property is concluded and the mortgagee has been delivered the movable by means of possession alteration, even before the liquidation procedure is completed, the Plaintiff may claim that he is the owner of the movable property and exercise his right in relation to the third party. Thus, the Plaintiff is the mortgagee of the instant thermal wind facilities.