유체동산인도
1. The defendant shall deliver to the plaintiff movable property listed in the annexed sheet.
2. Of the costs of lawsuit, the part resulting from the participation.
1. Determination on the cause of the claim
A. The facts of recognition (A) around March 2010, the Defendant contracted for C construction works from Roys Co., Ltd. (hereinafter “C construction”), and subcontracted for C construction works on March 23, 2010 (hereinafter “C construction works”).
② The Royang Construction purchased materials, such as a uniform trial including movable assets listed in the separate sheet (hereinafter “the instant re-trial trial”) from Estethethyl Co., Ltd. (hereinafter “Estethethyl”) and ste beam beamline, and brought them into the site of the instant construction work.
③ The Defendant is currently possessing the instant re-trial trial by leasing materials, including the instant re-trial trial, from the Mayang Construction.
④ On September 4, 2012, the Royang Construction entered into a contract with the Plaintiff on the sale of the materials, such as the re-trial trial including the instant re-trial and the sn beam beamline in KRW 120 million, and on September 5, 2012, the Defendant transferred the instant re-trial trial to the Plaintiff by means of content-certified mail, the Defendant sent to the Plaintiff the materials, such as the re-trial trial including the instant re-trial trial and the sn beam beam beamline, etc., which led to the Plaintiff’s delivery of the said materials.
[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 1, Eul evidence 2, 9, 10, Eul evidence 3 (including various numbers, if any) and the purport of the whole pleadings
B. According to the above facts of recognition, the Plaintiff acquired ownership by transferring the instant re-trial trial from the Mayang Construction by means of a transfer of the right to claim the return of an object as stipulated in Article 190 of the Civil Act.
Therefore, the defendant has a duty to deliver it to the plaintiff, who is the owner of the trial of the case.
2. Determination as to the assertion by the defendant and the defendant assistant intervenor
A. Basic facts (1) On November 11, 201, 201, 1,150 tons of Duyang Construction and Duyang Construction and 1,530 tons of Duyang Construction and Duyang Construction in D C and 1,530 copies of Duyang Construction and Duyang Construction.