유체동산인도
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Determination on the cause of the claim
(a) The following facts of recognition may be found either in dispute between the parties or in full view of the respective entries and arguments in Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 and 2 (including each number), and there shall be no counter-proof.
1) On August 12, 2011, the Plaintiff’s movable property indicated in the separate sheet (hereinafter “instant movable property”) that is a facility for the water pumps system with A (the temperature production system) (hereinafter “the instant movable property”).
A) After entering into a contract for the installation of a building of KRW 190,000,000, the payment of KRW 20,000,000 from A around October 201, and the payment of KRW 20,000 as the down payment is made by A, as the case may be, the building of this case (hereinafter referred to as the “instant building”).
(2) On September 10, 2013, the Plaintiff and A agreed to cancel the establishment agreement of the instant movable and to collect the instant movable.
3. On May 3, 2016, the Defendant was awarded a successful bid for the instant building where the instant movable was installed through the auction procedure.
B. According to the above facts of recognition, the above establishment contract between the Plaintiff and A was rescinded, and the ownership of the instant movable was reverted to the Plaintiff again.
Therefore, the defendant in possession has a duty to deliver the movable property of this case to the plaintiff who is its owner, unless there is a special reason not to do so.
2. Judgment on the defendant's defense
A. The gist of the assertion is that the movable property of this case is attached to the building of this case or attached to the building of this case, and thus, the movable property of this case belongs to the defendant who was awarded a successful bid through the auction procedure, and thus, the plaintiff cannot respond to the claim.
B. In order for any movable to be recognized as being in conformity with the instant movable property to be consistent with the real property, whether the movable is attached and combined to the extent that it can not be separated from the damage or excessive cost without paying the said movable property, and its physical structure, use and function shall be independent of existing real estate.