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Reasons
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(영문) 인천지방법원부천지원 2019.06.20 2019가단16040
동산 인도 청구의 소
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1. The defendant shall deliver to the plaintiff the goods listed in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is the seller of the machinery and appliances, such as navigation temperature and navigation habits. 2) The Defendant leased part of the above building (hereinafter “instant real estate”) to D (hereinafter “D”) as the owner of the instant building in Kimpo-si, Kimpo-si.

3) D entered into a lease agreement with the Defendant on February 28, 2017, setting the lease deposit amount of KRW 150 million, KRW 150 million per rent, and KRW 15 million per rent from March 10, 2017 to March 9, 2019 (hereinafter “instant lease agreement”), and operated a factory, etc. in the instant real estate after concluding the lease agreement with the Defendant on March 10, 2017 to lease the instant real estate (hereinafter “instant lease agreement”).

2) The instant lease agreement was terminated, and D handed over the instant real estate to the Defendant. (c) On December 27, 2017, the Plaintiff concluded a sales contract with D and antiversing-resistant equipment (including value-added tax) with a view to selling it in KRW 116,396,50 (including value-added tax), and the sales price shall be paid in installments from January 31, 2018 to October 30, 2018 (hereinafter “instant sales contract”).

At the time of the instant sales contract, the Plaintiff and D drafted a sales contract for apparatus (No. 1). The said sales contract states that “Before D completely pays the purchase price for the apparatus to the Plaintiff, the Plaintiff is entitled to ownership of the apparatus (Article 5).”

2 The Plaintiff installed the equipment on the instant real estate, which is the location of the headquarters of D, and D did not pay the purchase price under the instant sales contract to the Plaintiff, and D agreed to cancel the instant sales contract, and D decided to return the said equipment to the Plaintiff.

The plaintiff is above D on July 11, 2018.

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